New-York tribune., 1920-01-28

forfeitures are payable t6 the state,
instead Of to the Federal government,
as provided in the Federal enforcement
bill. These are estimated to be sufr
ficient to support the State Depart
ment.
Restrictive Provisions
The proposed law contains all the
restrictive provisions of the former
liquor tax law Of the State Of New
York, together with all the restrictive
provisions contained in the Federal en-
forcement act, which are, briefly, as
follows:
(a) The definition of (liquor) is
substantially that contained in the
Federal act, and includes all article
of a liquid nature containing one-haf
of l per cent or more of alcohol.
(b) All persons having liquor at the
time the law goes into effect must re-
port the kind and quantity Of the same
to the Commissioner of Excise, unless
the liquor is stored in private resi-
dence Of owner for personal use.
(c) All persons manufacturing liquor
must seal and label the containers i'm
mediately on being filled.
(d) That the liquors can be sold by
manufacturer only to persons hold
ing certificate to sell at retail or for
religious purposes. :,
(e) A record must be kept Of all
sales or purchases, showing the name
and address of parties involved and the
kind and quantity of the liquor sold.
All shipments must bear permanent
label, showing the kind and quantity of
liquor shipped, which label must remain
on container until empty.
(f) No advertisement Of liquor, or
w. ~ cav r.
ing the same, permitted.
(g) Premises upon which illegal
traffic is permitted declared to be q
nuisance.
(h) Liquor not permitted to be pos
sessed or carried on the person for
illegal traffic.
Remedies for Traffic
The remedies for illegal traffic are as
follows:
(a) The commissioner or court may
cancel any certificate, after a hearing.
(b) The court may enjoin illegal
traffic.
(c) Peace officers may search for and
seize any illegal liquor, whether in a
building, upon any conveyance, or upon
. the person.
(d) All liquors seized may be de-
stroyed or sold.
(e) Any person traf1cking illegally
shall be arrested.
The fines and penalties prescribed are
IS follows:
(a) First offense, not moro than
$1,000 fine, or one years Imprisonment
fb) Second offense, not more than
$4,000 fine or five years. imprisonment
(c) An additional penalty Of not to
exceed 5000 is collectable in cash.
(d) All certificates are revoked and
pharmacists liceRses are suspended for
one year.
1t is the duty Of all peace officers to
enforce the law and penalty Of $500
is incurred for failure to do so.
Civil damages may be collected from
any person illegally trafficking, for any
injury sustained through the intoxica-
ton of any person to whom the liquor
is illegally sold.
No person is excused from testifying
because Of the danger of sclfincrim-
ination.
The supporters of the bill declare
that it defines trafficking in liquors and
limits the sale of liquor for internal
use more closely than any other bill;
none of which places any limit on the
amount Of fermented or malt liquors
which may be sold on a physician's
prescription.
It is the only bill that provides fo,
local option on sales by prescription
and which controls the sale OF de
natured or wood alcohol or patent
medicine after being manufactured.