IIR
ffH' wAfluo nm, wmKr9vw, n. t,, rmmAr, vomnm •, mt
,m\L nirTU)v.%
umrt ot tttiff vo«K.-
f^ftAV tit
-Ihr A(rt»ioefty.
A<*r ta *naMo •fflcar. itnif «nip1ny««)i Ml* •f»t» nr aar el»'l <1lrl«»on th<»r»^>f accept ij'nr^ „n(l »#T»» nn snjr lK»»r'1 eonnf'-'lon wiOi thi, national ilrtfllna
1917. with tTl« PnannA. ttir»^-
.f Nam Yortt. Aannmhty, do
tmn a laaa Atiriitt It. a#piuval of th» fJovwnor IVtiM b«lt:( prA.Ant.
Tfc* pMple of th« fltst^ fSpiMent'-d In Bonati* and •Mict sa follows.
•aetion 1. No otTlr»r nr «mploy«* of th* ¦tate or anj rivll i1lvl!<'on th*rM»f stixll tn» «Mm*<1 to h«v« forfi-ltwl or fnrfo't hM •ao* or employ m«>nt tiy re««<>n of Ii'n ti.-«v- ttm toral'itort nr li^rwiftT aecoptml nny dBo* or pn-f.irrnerl sny wrvlc<? In (¦onn»-<-- •<»n With tli> nnflonni draft In pnrsiinnfe tt th* aot of oonHPfM »iilltl<'<l "Am «et to t«tllorlt« fh« pr<>,nl(lflnl to IniTMSfl tein- Mrarllr tho military putntill'dimftnt nf t <)« Vnlted fl(«t«ii.':_iU)prov'vl .Mny eltthtpfoth. nlacta^n hiin<1r«'l iinrt «ev^nfAPti, or anr aat aupplpmcntal thereto or amenddtcry a«r*cf. or thn nile^ nnil retrnlRllonn pr»>- Mfftmd hy Ihn pri'sMcnt tti<»r('iin<1vr
I iL ThU irt ahall t»lt« ^fTttti Immedl- tttlf- •ute of New Tork. fXIli e of fhe nmrro-
lary of flute, aa:
I have romp«r»><1 the pre<w1ln(i with the Mldnai law on file In thla ofll'-e, end <1o lltrott certlfr that th« name la n iiirretrt •«Naorlpt therefrom and nf the whole ot tott orlirtnal law
FRANfMS M IltKJO.
Seoretarr of fltate.
1>«V« OF NE>A^ YORK.—By Autl^orlty.
CHAP. Stl. AH ACT tn am*n<I the tax law. In relation
ti> th* tax on Invaatmenta.
B«c*me a law Aiiaimt 2T, I»1T. wilh *T>- ¦¦#royal of tha Oovernnr. Paaaml. (hitre- #th« belnr prmient.
Thm People of the Btat© of New Tork, rapr—anted In Senate and .^n.snlnbl>. i^n aaet aa followa:
¦•ction 1. Section thrnn hundred land Ifclrty-two of article flfto*n of chapter (i«ty-fwo of fh« lawa of nineteen hiini1r«»<1 aa4l nine, entitled "An act In relation to taxation, ronetltutlnf r.haptar sixty of a« consolidated lawa," aa added by afeaptar aeren hundred of the lawa of alacteen hundred and aerenteen, la kareby amended to read om follows:
I tit. atempa; how nrepnred and u.^f»d Aah«alve atamps for the purpose of In- dlcatlnir the payment of the tax provld«il lar by this Brtlcic shall bo prppnreil by a« comptroller. In such forms snd of Mch denominations and In nurh quantities aa he mny from tlmi^ to time prcserlhe. tT^on tha psyment of th<> tax provldeit fcy thla article upon sny Investment tho •oinptrollor shall sttlx .stamps of tho •roper denominations, enii.'il In fare value TO the amount of tnx paid, to the Invo.st- laont. and »hall cancel thp same by fho acal of his ofllre or by aueh other cane«l- Itiff devlre as he may pri'.scrlliR, l?pon proof or the surrender and cancell.itli'n mr lot tho destruetlon of any in.st:-iiniont r Instruments, whether temporary or parrtianent, evidencing any InTOH(»i<»nt .•poM which the Investment tat shall bavla been paid hereimder or any scrured iebt upon which the secured di'ht t;xx ¦halt have been paid pursunnt to formnr article fifteen of the tax law. and of the fisuanre In lieu thereof of a new Instrn- ¦eDt or Instruments evidencing Iho snrnr investment or secured detrt, whether In iMUpon or registered form, or of the same •r different denomination or dnnomlnn- Mona. and upon proof of th<^ <Int<> and nK- rresnte denomination of the Htamp.s alllx- •d to the surrendered or do.stroycd Instru¬ ment or Inatrumcn^.s or to tho riy-olpt for a« tax thereon, the comptroller shall afTlx atampa ot Ul<e agfn'esate denomlnutlmi. to 1»e dated aa of like date, to the Instrument mr Instruments Issued In lieu thereof, which stamps shall t)e duly atfroed and aanceled aa herelnt>efnro provided.
i 2. Thla act shall take effect Immedl- •taly.
•tate of New Tork, Offlco of the .Secre¬ tary of State, as:
I have compar»'d the precodlni^: with thp «HKlnal l.nw on file In this olflce. and do Ulerehy certify that thn .snn <^ is a correct itranscrlpt therefrom and of the whole •( Bald original law.
FRAN("I9 M. TTTiaO,
Secretary of State.
LAWS OF NEW YORK—By Authority.
<"ITAP. KIS. AK ACT to define the policy of the state Of New York In relation to the iiroduc- tlon, supply and control of the distribu¬ tion of the necosaarle.s of life, to lii.sure an adequate supply thoreof at a reason¬ able price, to provoiit unreasonable profits hy rea.son of speculation, tn ox- tend such policy In aid of tho national tovernment In providing fir Ihe n.itlonsil security and defense, to amend the farpis and markets law in relation to markets ht cities, and to transfer the powers and 4utles conferred on a commission by ehapters two hundred and five and ttvo hundred and ¦Ix of the la-*VH of nlnete»>.n hundred and seventeen to the oomiiil.H- I alon created by this act.
Be«ame a lawr Auffiist 29. 1107, wtth the approval of the Oovernor. Passi^d, three- •fths beluB present.
The People of the State of New York, )r«pT<eaented In Senate and Ajiiiembl)', do janact as foliow^a:
¦ertton 1. State food commission. There la hereby created a state food conimlsMK>n, kerelnafter referred to as the commission. Which shall consist of throe coinmlsision- isra. who shall be appointed by the gov- •mor, liy and with the advice and con- {••nt of the aenate. Such commissioners Wiatl have the powers and perform the 4litt«s hereinafter prescribe*!. Th iiro'*'- ismor shall also dealRnate, at the time of ¦laklnK such nppolutments, a member of Ithe comml.sslon to lie president thert>i<f wh«» shall, whon present, preside at all ot its meetings and be Its oxecMtivo ofTl- ••r. In case of a vacancy from any cau.se, Itha cominlBslimor or commisHloniTH re¬ maining In olflce shall contlime to perform 4lie duties of ><uoh commission until the Tacancy or vacancies be filled. The mcm- •era of such commission shall hold oflUe 4urinK the pleasure of tho Kovernor, and to ease of a vacancy or vaciinctes the ap-
tointments to fill ttie sairie shall ho made y tho ifiivernor, hy and with fhe advice and consent of the senate. The mem- %ars of fhe commission as auch .shall not receive any compensation but slnll he paid their nece'^sary travelliiK exiietiscs ' and other expenses Incurreil hi the per- ! iormaneo of their duties umler thla act In j any part of tlie sfatn. Men.bers of thei isommlssldn shall not he dlM'niallfled from ! holdlTK any other oltieo, either state or , iinun'rli>al. nor forfeit the snme by reason «f their npiHiintme;it under this uct. not- ( Withstanding the provisions of any city ' charter to tho contrnry.
I 2. Secretary and employees. The com- . mission may appoint a secretary who ahall receive a salary to be fixed by the ¦ OommHf^on with the .Tiiproval of the rov- ] ,«rniir. Tlie comniissiun may appoint end | •niploy suih Inspectors, experts, assist- | lants and emplr>.vees as may tm noresaary • Her the exercise of the powers and per- |(ormance of the duties conferred or Im- ^•ed ujion the commUslon. Thn compen- aatlon of such iittlcera and employeea shall tm fixed by the commission within tlia appropriations made therefor, euhji-ct to the approval of the governor. Hut the «onnmlsalon may accept the voluntary aervice of any person for the performance «f any dutlea prescribed by thla act with. (•Ut Compensation other than expenses. In r«hi«h case the expenses of such person •ao appointed shall be paid out of the paeneys hereby appioprlated.
I t- nellnltiona. The word "necessaries" om iMOpd In Ihia aot shall be deemed to m-
euds foods f<«eda seeds, fuel Indudlnc • I oil. fertUlBsrs and fertllUer inaredl- tfkta. teals, utsnails. Implasnenta. macHln- fOrr and equliwBAnt required for the actual praduotlen ef (««da, feeds and fuel ex«Mi>t baa. natural or artificial. T'he word "per- .aon" wharev^ used In this act. thai! la- Mluds Indlvlduala partnerships, aasecia- Moaui ard corvorattsas. Wheii uoostrulns iutt SBforGlna the prwvtslon. of Ihta aot, ma act. etalaslea sr raOvre ef aay oal- ph^ asiBt, sr ottor ftnom fottn* pm- sr
I iwptoywd hy any |»artnership Amonaiintt tr f>or|»«>ratlon within th* scope of his em-
1 ployment or office ahall. In eyery case.
Kino he deemed the act, *nl«wlon or fail¬ ure of irich partnership, aaniwlation or
''oriHiratlon nt weti nn that of fh • person
I i 4. Matters of public Interest durlnf A
i'tate of war I>iirlnif the exlsti-nc." nf a itate of war. the producfiim, msnufac- tiir^, marketing, storaae. ancumnlallon. Ilstrlhiitlon, suppljr. waste, honrdirn, de- Iitrtictlrm, cost to producers and distribu¬ tors price to consumers, and the expense . of handling recesiwiries, are matters of IptiWlc (Merest and proper subjects for In- vpstljratlon, encourairement, development, reaiilatlon stid control hy the state tf» the end fhat while smh sisfe of war ex¬ ists, the people of the state mriy. In com¬ mon with thi' people of other «t,ites. have in adequate supply of pure and whole¬ some friod, their health t>e proton,d. their energies conserved, nnrt that thny mny not suffer from excessive .-osf, un- rensonnhle prices or si)e<:ulRtlon In the tieceasarles of life.
I 5 < 'erfaln acts prohibited. It Is here¬ hy mad" unlawful for ftny p»>rson will¬ fully to destroy any necessaries for the fiurpose of enhancing the price or resfriil- tiK the aii|iiily thereof, kiiowio<rlv to com- •nlt w;v«te or willfully to permit pre¬ ventable deterioration of any neces- larlea tn or In connection with lhelr irodiictlon. msniifactiire or dlatrlhiiHon; [o monopolize or attempt to monopolise, Hither locally or grnnerally. .%ny neces¬ saries; to engage In any discriminatory ind unfair, or any deceptive or wasteful, practice or device, or to mako any unjust or imreasonable rate or chnrne. In han¬ dling or dealing In ot with any neces¬ saries: to conspire, combine, agree or ar¬ range with any other per»jn. (a) to limit the facllllles for transporting, producing, hnrvpjiling. manufacturing, .supplying, storing or dealing In any necossarles; (b) to restriet the supply of any necessaries; Ir.i to restrict distribution of any neces- saHes: (il» to prevent, limit or le.«sen the manufacture or production of any neces¬ saries In order to enhance the price there¬ of, or (e) to exaw-t excessive prices for ;iny neoes-sarlea; or (f) to aid or ahet the doing of any act made unlawful by thla section ; tho acts prohibited In this section having "been prohibited by act of congress lis well. Any snch act shall be deoinecl to be a i)ractlce detrimental to the public lutonvst within the meanitii; of this net
5 t;. MoardluB It sh.ill be unlawful for tny person to boanl necoHsaries. Neces- ¦<nrles slmll be deemed tn he lio-trded with¬ in tho iTieanlni? of this .ict when either (a> h.-ld, e/>iitracted for or arranKed for by any per.son In a qiuintily in excess of his . reasonable reiiulrerm-ntH for iixe or con- Hiitnptlon hy himself and depcTidents for n reasotiabln time; (l>) hold, contracted for >r arr.'inKcd for by any manufacturer. wholes,'ilcr, retailer or other person In a quantity In excess of tho re.TSnnalilo re- quirementH of his liuRiiioss for use or sale hy him fur a rea.sonable tlrty^ or rea- Hon.ibly required to furnish necessaries IHoduceil In suri'lus quantilies seasonally tliriiiiKboiil tlio period of .scunt or uo pro¬ duction, or (Cl wilbli'.'ld wUolher by pos¬ session or under any contract or .amnge- nierit from the market by *tiy per.son for Ihe (>urt>iise of unreasonably iiicreasinH; or diminishing Iho price: frovlded, how¬ ever, that this so''tiiHi shall not include or relate to transactions on any exchanee, board of trade or similar in.stltutlon or place of business lli.it may be permitted by the president of the I'nitod States pur¬ .suant to authority conferred uiion him: and provided, further, that any accumu¬ lating c,T withholding by'any farmer or Kardoner, co-oi>eratlve associ.-itlon, cor¬ porate or otherwise, of fanners or par- ilenors. Including livestock farmers and fruit growQr-s, or ftny other person, of the product.s of any farm, pnrden or other lnnd owned, leased or cuUivated by him or hy the members .^if any such as.socia¬ tion sh.ill not he doomed to be hoarding within the meanltiK of tills act. \Vheii> ever any iicces.sarles slmll be hoarded as ili-lliied In this secllon. It shall be tho duty of the food commission of thla state to report the same Immediately to the food administrator of the federal govern¬ ment at WashlnRton. wilh all the lacl.s Mild ovidonce relating to the i:ase, and to aid and assist In any mnnner desired by the federal government or its representa¬ tive In the pn)seciitf)n i hereof.
i 7, Procendlnprs ag:iln.';t necessaries hoarded. Whenever any neoes.saries shall be hoarded aa detlned In sectlun six, and Jurisdiction thoreof shall not have been as.'uimnd by the fedeial K^uvernment wltliin three days aftiT receiviuK notice from ttie commission a.s provided In the preceding aection,
ll) Such ne<-essari«« shall be liable to be proceeded affaln.st In the supreme court of the .stale under ii summary prwes.s on application by the commission and If such necpsaarles sh.ill be adjiid|red to t>e hoarded, they shall lie (l*apose<l of by sale In sucli manner a.i to provide the most eijultJible distrlbutioti thereof its the court may direct, and the proceeds thereof le.i!* tho legal costs and charRPS shall ho [laid to the party entitled thereto. Tho pro¬ ceedings In such cnses ahall conform as near as may he to iho pniceedlngs In ad¬ miralty In the t!nlte<l States courta and shall Include tho rig:ht to seize, appoint a receiver, sell at public aale and any other authority necessary to make the provi¬ sions of this act eff.^ctivo, except that either party may demand trial by Jury of any issue of fact Joined In any such case, anil all such |>roi'e<ding:a shall be at the -suit and In the name of the stato of New York, and shall bo brouprht hy the attomey-gpnor.ll. If a Jury trial be demanded the Jury shall ho empaneled as directed by the court.
(S) The commission may ord,'r the dis¬ continuance of such boarding ,ind if such hoardliiK by :i cori>oration be not discon¬ tinued, tho siipremc cmirt may, on app'i- civtlon of Ihe commissiiiii in a suit brought Vy the :ittorney-Beiieral In the name of the people of the state, annul the charter of such corporation If It be a domestic corporation, or revoke Its ccrtincate of I authority to transact bnfllnos.s within the ' stain if it lie a foreign corporutlon. I
(3) The commiaaion may In Its discro- I tion if .-Ml emeieeney exists roiiuirlng the | sale nnd diplribiitiou of nei-eSBarles so ' hoardeil for thn purpose of relieving pub- I lie neces^sity. cause the fair xr.ilue there- I of to be ascertained by n boa'-.l of ap- '- praisers, consistj-.i^; of min memlier to be j aiipointed by the coniuilssioii. une hy tho ' owner of the iimiiertv und one by flip ap- i priiisere so apiminted. If the ap|>r;Hsers j aiipolnte.1 bv the coinnil-'^lon and the | owner of the iirop.rtv slmll f;i;I f„r three davs to agree upon the thinl member of i said board of .ipiiral.sers. then on request of the coniinls.siiiii. nr such owner, snch lliird number h1i,-\I1 bo Kelerted within ^ live days by a jmUre of a cuurt of record ' in tbo liiilicial di^Jtrlcl In wliich sm ti ' liroperty Is locatoil. If such owner fill ' or refuse to aptmint a niemt)er of such '-. board of appraisers, such value shall be i ascertained by the I'onuiilsslon. Tho mem¬ bers of such board of apiuaisers, fi,r the i purpose of makitiB such apitr.aisal, shall have aoccHs to any place in which such \ nweasart.^a nre kept or st<iied. Such j board of appraisers shall (lie its report | in tho ofHce of the commission within flv,» j days atter the appointment of th« third member of such board. If such roport ahall not be tiled withhi such five days the commiaaion shall appraise auch nei'es- sarles, I'lwn the determination by such appraiaers or by thB commiswion as the caae may bo, the commission. If funds l>e available to tha amount of such appraised value, may seize aueh neceaaarles aud shall pay suoh appraised value thereof to the person entitled thereto. If the com¬ pensation so paid be unsatisfactory to the owner of such neceeeeries, he ahail t>e entitled to lile his claim In the court of claims for such further sum aa added to tlie ainount so paid shall aiuount to just comi>enaation for suoh necojssarles.^ Ths court may make suoh award upon any such claim aa it deem« Just and proper snd render Judgmesit tkerefsr as againat the state, provided that Moh ctmttm b«
LMAL WOflCm
L8«AL KOTTCES
Alsd wtthln fhree months from the tifne tber#ef On th« dsy si>««lf1ed in a^icH «r- It accrued. Claims flled under ttitt noo- I dsr the Justic* or vrmrri before ¦*»!«»« fhe tion shall have preference m the hearlnt 1 "ame la returnable shell hear the preefs thereof over all other etalns pendlnf In I of the parties and, If deemed neeessary nch court. Nerps".i.r1pi selxed by tha ] *>r proper, may tslte testimony In rela-
commlsslon pursuant to ihl'i section shall a« sold at publlo suction In such mannar ¦ « to provide the mnst equitabis distribu¬ tion thereof,
(4) The commission shall hsve pewsr to teftle and adjust any controversy arising under this section.
I I, Ice. The commission may, when¬ ever In Its Judgment the public Interest requires, make nnfl promulgate an order declarlnir Ice to he one of the necessaries ss defined In secllon fhree. In which mtt Ice, the storitge, »,ite and distribution of the same shall be siitiject to the powers nf the commission In the same matwer and to the same extent as food.
I *. Infr.rmtlon gathered for the use of the state and In aid of the federal fov- ernmi^nt The commission whenever the the public Interest reiiiilres may compel the submlB"ion to It of reports by persons In this state in regard to the sources, ac¬ cumulation, storage snd distribution Of necessaries, and for this purpose may make such Investigation and Inspections as ll may deem necessary. It shall he th* duty of the commission fo ascertain the food requirements of the people of this state, and the seed requirements of tha producers of this state. The commission and Its representatives for the purpose of acqulrlnif such Information shall be deem¬ ed to b« possessed of sll the power* of Investigation conferred under tho farms and marheta law on the council of farms and markets relative to Inspections and Investigations by such council. The tom- mlsslon may avail Itself of the fsclllfles of the department of farms and markets under the farms and markets law, and auch department snd the oflicers and em¬ ployees thereof shall perform aueh du¬ ties In addition to ths duties now Im¬ posed upon the department as may bs re¬ quired to furnish the commiaaion with accurate Information sa to food condi¬ tions and sources of food supply and nec¬ essaries. The comfnlssion shall trsnsmlt such Informafliin ss It desms will b* use¬ ful to the publlo Interest to the federal authorities, and make such use thereof by publication or otherwise ss the public Intorest requires within this state.
i in, Licenses as to necessaries; farm¬ ers exempt. Whenever the commission shall find It In the public Interest to llcnnso the manufacture, storage or dls- triliution of any necossary In order to carry Into effect any of the purpcses of this act and sliall publicly so announce, no person shall after tho date fixed In the announcement eng.ipe In or carry on any business .tpccllled In such announcempnt unless lie slmll secure and hold a license Issued pursuant to this section. The com¬ mission l.<^ authorized lo Issue such II- (¦enses and to prescribe regulation for the Issuance of licenses and requirements for t mission to systems of accounta iind the auillling of accoiint.s to he kop hv llcen.i^e'-s, as well as tho submission of report hy Ihem. with or without oath or aftlrinatlon. and the entry and Inspection by the commis¬ sion's duty authorized agents of the places of business of licensees and the Inspec¬ tion of their books. Whenever the com¬ mission shnll And that any storage chargs
tion to ths allegsflons of the petition.
If the hintlce or court be sstisfled that such person or eorp--vratlon has engaged In snch practica In violation of this act or of fhe rules of fhe commission, an or¬ der shall he frsnted either restraining the continuance nf such practice or restrain¬ ing such person from contlnulnft In the business to which the practice relate*. Tf after the entry of such order In the county clerk's office of the county In which the principal place of busine's within fhe state of such corporation Is located, or In which the person rn en¬ joined resides, snd the service of n copy thereof upon such person or corporation, or such subsfltiited service ns tbe court may direct, such r>erson or corpora tion shall continue such practice er continue In such business, ss the case may be. In violation of such order, such art shsll t>* deemed a contempt of court and pun¬ ishable In tne manner provided by the Judiciary law, and In addition thereto he liable to the pimlshmrnt provided /or-ba section twenty-two. Costs upon the ap¬ plication for such Injunction may tie awarded In favor of or against the par¬ ties thereto of such sura as In the discre¬ tion of the justice or court before whom the petition Is heard may seem proper: provided that If any such per^un be en- Joined from continuing In buainess he shall be permitted to sell his stock on hand at public ancMon, tn be commenced ¦nd continued un^ll hs has dlapoeed of the whole thereof, Including any contracts for the delivery to him of merchandise In such trade.
I 13 Hotels and restaurants. When¬ ever It shall hnve been certified to the stnte commission by the president of the United States or hla duly authorised ad¬ ministrators that the public Intsrsst re¬ quire* th* regulation of the nervlce of meals In hotels, restaurants and public places whsre meals are served, the stats commission may make and promulgste rules therefor by siu'h publication as In their Judg-ment will irtve proper notice thereof, and any violation of rules so pro¬ mulgated ehall be deemed a violation nf this act.
I 14. Purchase anrJ sale of food and fuel by municipalities. Any municipality In this stnte may, In caae of an nctual or anticipated emfrgency on acjjoiint of a deprivation of necessaries, hy re,ason of excessive charges or otherwise, purchase food and fuel with municipal funds or on municipal credit, nnd provide storrice for and wil the name to Its Inhntiltnnte In such manner and thrcr.igh such agencies as it may determine, but before the exer¬ cise of any such po^ver cr authority hy any municipality, It shall have the con¬ sent In writing from the slate food com- exerclse euch power. The mayor. If any, and the poveriiltiK body or l>orties of fin;- .•ujrh 7y>>mlclp»Hty .¦?h»ll tile with the yt.ite food commisfilon a resolu¬ tion and certiflc.ite stnting that such a nrccssity hns arisen In said municipality, and other'wise s,Ttlsfy the state food com¬ mission thill such a necessity exists. The state food commission shnll act upon the application us In Its Judgment the public
hr.Gk1t JIOTICFJl.
commission, prollt or practice of any II- j Interest requires, and may prescribe such
censee Is unjust or unreasonable, or dis¬ criminatory and unfair, or wasteful, and shnll order such licensee, within a rea¬ sonable timo fixed In the order, to dis¬ continue the same, unless such order, which shall state the facts found, la re¬ voked or suspended, such licensee ehall. within the time prescribed In the order, discontiue such unju.st, unreasonable, dis¬ criminatory or unfair storage charge, commlsaion, pi'oflt or practice. The com¬ mission may. In lieu of such unjust or unreasonable or discrlmlnatorv and un¬ fair storage charge, commission, profll or practice find what Is a Juat or rea¬ sonable or nondiscriminatory nnd fair storage chargo, commission profit or practice, nnd In any proceeding brought In any court such llndlng of the commis¬ sion shall bo prima fade evidence. Any person who, without a llcenae Issued pur¬ suant to this section or whose license shall have been revoked, knowingly en- gatjes In or carries ou any bu.siness for which Iicen.se is re-quired under this sec¬ llon or who wllfuU.v falls or refuses to discontinue any unjust or unreasonable or discriminatory and unfair storage charge, commission, profit or practice. In accordance with the roqulrement of an order Issued under this section or any reijulatiori prescribed under this section, shall be deemed guilty of a violation of this act. Provided that this section shall not apply to any farmer, gardener, co¬ operative association, corporate or other¬ wise, ot farmers or gardeners. Including livestock farmers and fruit growers, or other persons with respect to the products of any farm, garden or other land owned, leased or cultivated by them, nor to any retailer with respect to the retail busi¬ ness actually conducted by him, nor to any common carrier; provided further that for the purposes of this act a re- taller shsll be deemed to be a person, partnership, corporation or association not engaged in the wholesale business whose gross sale.s do not exceed one hundred thouaand dollars per annum. No such li¬ cense shall be required as to any person until the plan of such license system shall have been submitted by the commifslon to the federal food administrator and a period of ten daya shall have elapsed witliout action by tho federal irovernment as to licensing the persons to be affected by licenses Issued under the plan pro¬ posed. No license shall be required of any peraon llconued t)y the federal gov¬ ernment and any license Issued under this set stiall bo superseded by any simi¬ lar license Issuoil to such person under the authority uf the Ignited States
i 11. Correction of pr.ictjces In dealing in necesbnries. If ttie commlBSion becomes satlstied that there Is any practice or practices of trade. Including siieculatinn or gamt.llng detrimental to the public Interest In dealing by wholesalers, retail¬ ers or any other person In ttie neces¬ saries of Ufe which interfere with the dis¬ tribution or sale of such neces.sarleo or any of tham ,at a reiisonable price, the commission may enact and pub¬ lish Bucli rule or nibs as In its .ludenient will jirovMe for the correction or discon¬ tinuance of such pr.ictices. The commis¬ sion may in lis discretion appoint an ad¬ visory committee or committees to nid It in tho forinution of such rules In which case one or more meinbers of such com¬ mittee shall be fioni the lino of trade In which such practi'i- iirevHils. .^iicli rule or rules shnll lie pulillshe". in at le:ist two newspapers lu the loitnty in which such Iiructice or luactlccs i>rev:iil, so as to Ki\o reasonable notice tliireof and nny person who thereilfer violates any such rule shall ba deemed guilty ot a violation of this act.
regulations and restrictions as It deems wise.
Spe<lal revenue bonds may be issued by the city comptroller for the purposes of this section In ariy city which Issues such bonde and the same shall be Issued In the manner provided by the city charter or other act applicable thereto.
i IS. Other powers of the co^hrnlsslon. The food commission shall also havo tha following powers: (a) To compel common carriers to give preference to the trans¬ portation of necessBries not Inconsistent with directions hy federal authority. In case It becomes nece».«;ary to enforce such preference, the commis.'^lon shnll certify to the public service comtnlsslon of either diBtrlct of the state the neces¬ sity of such preference, whereupon tha s.-iid public service commission shall forth- wlih issue an order to the common car¬ riers to be affected by such preference, and such order shall not he subject to review and shnll be blndlne and enforced In like mnnner .ns other ordera of the state food commlFSlon:
(b) To ill reel liiid authorize such meth od of (listribullon of necess;iries through distributors In any part of the stnte as will prevent waste or discrimination or conserve the public hf-^ilth.
(ci 'Vn niiikc and promulgate such rules relating to goveniiiijr the devtnictlon of food on the onler of .my inibl'c h»^-i!th offi¬ cer as may Yi" nccesfjiry to prevent waste nnd d'stnictlon of sound and m.'irketnh'.e food;
(d) With the consent of the i>oris«n-;i tion coniini^5ion to p«>rmlt the siite uiid»i such rules and ref'ulatioiii! es the eciri- mlPsicM niiiy pre.«:i rib» of flsh and tmur which may he laT\f'illy t.iken, but ra>i\ not. p'lor fo t'v eniutinent of tblf act bi- lawfully sold. Snch rules inid re;mlatlor« shall be vo jnade ii". in the iudjirnie'il of the CO iiirr:--«iiei anl t'o*' con,*, rv;i t i^-n ( niri. mlsslo 1. T.iU tic irri.^i:.tent ^vitli tile f».' eral p"l|cy of fins -mt* of ¦..n.'^, r\-iiit; fl-; and g ime.
(el Tn r>-i;ike ;itiv •I'ler nriVr o- nilf In th» iiveniis»-« i,, rf •¦»;i—. la iii..\-,.nl thr waate cf rti.i 'i:-"-r ''¦¦ ¦¦¦¦¦¦',¦'¦¦. ;i'-€ • n'
necee»"-'e ¦ !'¦ -."i-- .'f. ¦' 'V-. i-it
ers conferred by thie act, miii suforce the provlBions thereof. ' (f) To accept the delegation of any au- fhorify frf>m the president of the United States or any perf^on designated by him under authority of the congress of th* United States under .in sot passed by the conpress of the Tinlted States to provide further for the national security and de¬ fense by encournglng the production, con¬ serving the Bupply and controlling the dis¬ tribution of food products and fuel for the purpose of carrvlng out that act within the state of Kew York.
i IB. Weekly ryports. The said food commission shall, by itself or through the ilcpiirtment cf farms and markets, cause lo be prepared and i>ublished weekly re¬ ports showing the cost of food products Irom the proilucer, ami whole-ale and re¬ tail pricws ill all of eiict) cities of the t-lute as in Its uplulon will serve the put'- Hc Interest, and give wide circulntlon to the same, with a view tu informing ali consunicrs, as to the true st.ite of the inarUct, and the rea.sonable price or value of fuud commodities.
S n. O.iths and iifTldavits; Inspections; procurliig atficlavlts; repiirrs to Ihe gov¬ ernor l'::n h meiiiljer of l!u- conirnission, its Me relary luul aiiv- other persnii desh;- iiated b> the comnii.sBluii for that purpo.oe shall have jiower to ti-IniiiiiBler oaths und take afliilavits, and lliey, and, whci duly autliorii:ed by the c omnii.--sinn, any ofli¬ cer, tmiiloyee or per-^on designutod hv the cuniniiaslon. shall have the power to mak.- personal Insticitlon nf all Ii0(i|,a, papers
slblc co-oT<Tln«te Its werk with that nf any officer, board or department ef the t'nited States for the purpose of piittlnt Into effect operation tn this state any law of fl,e Unite' fates during the e»is'enee of s 'tnte of war to c<»nserve the nstionsl sup;:y if nefersarlet end to regulate the dlsltlhniio;! thereof nid M':--i'e "o fn"- as prmilc.iMe co <rr1.nstc Its Work by like efforts with other sf.'ites The ssid conmissi' n mnv also nt rcpt any designa¬ tion OT ntithorlly conferred upon It fo carry mit sny policy of the t'nited States relntling to subjects ns to which aufhorlty Is conferred irprin said commission hy this act within this State. The said commis¬ sion shsll olfci act as far «• may he In '¦o-iiperntlOTi with any municipal offleer or • '•¦pirtmen. having duties to p*.rff)rm In respect to foods and food materials In this state.
f U. Co-operntlon of ot'-er departments The council of fnrms and m.arkets, snd all other ofTicers of the detartmenf of farms nnd mnrkets and all othef commis¬ sions, boards nnd nfTitt-if nt the state nre hereby dlrecte<l fo cr> operate with th'- state food corfimls^lon tn carrying Into ef- feet the purt>osrs of fills act.
S W Wnr prfKlucllon committees. The commission mny on their own account or through appropriate ofTicers fif tbe stnte or voluntary committees In the difTerent counties, orjrnnljie a wnr production com¬ mittee In eof-h of fhe cf>unllee of fhls stnte for fhe purpose nf procuring, organlfing 'ind plftclnR on fnrms all nvallnble farm labor fo aid In plantlnir. hanrestinr and co'-.serTlng fosd produeta.
I it. Partial Invnlldlfy If any clause, sentence, paragraph or part of this set shall for nny reason be adjudged hy any court of co>fnpefent jurisdiction to be In¬ valid, such Jiidgmerrt'shall not affect. Im¬ ps Ir or Invalidate the remainder thereof, but shall be confined In Its operation tn tlie clause, sentence, paragraph or pert thereof, directly Involveil la the contro¬ versy In which such JudEment shall havt been rendered.
i 22. Violations of this art Rules made by the commission under the terms of this net shall have the force and effect of law. A violation of any of the provisions nf this act, or of any rule or or«ler duly made hy the commission shall he a mis¬ demeanor, and shhll he punishable by a fine of not less thnn one hiinilred dollars, or more thnn one thousand dollnrti, or by Imprisonment of not more than one year, or by both f:ald fine and Imprlponment: If the violation lie by a coriioratlon or .issoeinflon, it shall be siitiject to the said fine, nnd any officer of snid corporation nartirlpatlnK In such violation shall i» "¦ulject fo punl'hmenf lis an individual hy •^ald flne and Impriwinment,
LBCIAt. WOTICfltg.
puhne msfketa ot mieh city «nd shall tio tt thcretn the ma-ximum amostnt wMoh tn tta opinion should be expended for the ae- quleltlon of the lends for the proposed ne-w puMIc markets snd for the cnnstrve- tion of public markets thereon, or In casa of the repair or Improvement of existing public markets the ma«imum smonnt which shfiiild be expended for sueh repair or Improvement
fS> if It Is prv.posed to erect new public market"? on lands owned hy the dty and ded bated nr aaslgned for use ss public markets, or fo repair or Improve existing public markets, the council shall sppralss the value of ruch lands or of .sueh exist¬ injf puMIc markets snd shall IS'ue a cer¬ tificate of the value as so appraised to tns commissioner of public markets of such city.
(«) If the lands described In sftch peti¬ tion, the location of which shall hnve b»en approved hy the council, are acquired by Ihe citv as provided In this artide and dedicated or srsigned fnr use as public mnr'iets, and new public markets nre con- sfrncfed upon >»iich Innds In nceordnnce with plans and speclilcntlons which have been npproved bv the council, or If new public markets are constructed upon lands nlrendy owned hy the city and dedicated or assigned for use ns public markets. In acc-ordance with plans and spedflcatlons so approved by the council, or If existing puhlic markets are repaired or lmpT7>ved In accordance with plans and speclflcn- tions so approved by the council, one-half of the maximum amount certlf1e<l by the cotincll as above provided, •ball be paid by the state out of moneys approprlatsd or made available therefor as provided by law. The remainder of ths eost of the ac¬ quisition of such lands and of fhe con- strtictlon, repair or Impro'vement of pul>- llc markets thereon, shall bs paid by ths city.
IT} Tt the covincll of farms and markets shell approve of the proposed locations of lands dedicated or assigned, or to be dedl- cnied or asslirned. for public markets In Such city, and shnll hsve approvecl as herein provided of the plana snd specifl¬ oatlons for the construction, repair or Im¬ provement of such public markets, all conveyances or transfers of such lands to the city shall be approved an to their form and sufflclency by the council of farms and markets, and all contracts for the construction, repair or Improvement of public markets In accordance with ths Plans and speciflcntlons approved by the council nM herein provided, shnll before Ihey become erfectual be submitted to and approved hy such council. No payments shall be made by the state as provided heroin unless tbe council of farms nnd markets shall have approved such convey-
liFUAf, HinriCRS.
5 a. Appropriations. For the imrpfiSP | nnces. transfers and contracU as above
the commlmdnn sthaii terminate eithsr wholly rvr psrtfnily as ef the date of tntik proelametlon The goyerner mn^ hi snefc proclamation state that art emer«ency sa longer «TlSts as to certain po-ssers ees- ferred iip<in fhe commissii,n StieelfleA therein and the exercise of such power» •hall thereupon ceaae In ease of a par¬ tial suspension by proclamation of itt pteers of the cem^mlsslnn, po-erer* tMt •rsclrted In snch proclam.*tlon sbnil erm- II 111" until a further proclamation termU nnt'ng fhe same. At the termination mt Ihe powers of fh* commission, the booka, papers sn.l ret ords thereof, or any unex¬ pended t Alance of appropriations availa¬ ble, nnil tow properly under Ita contrtH. shnll be turned over to or trnnsferrsd forthwith tr the depnrtment of farms and marltPfS, ^hlch under the direction of tss go\prn. r s^nll eloae up the affairs nf th* ccmmli-rlon. Provided thst the powers ronferret' by this act upon the eommlsslos shall In liny case terminate within one year after the publication of a treaty of pence tet wem tbe ITnlted fltnfes and the Ormnn rrnplre; nnd provided further that the provUkir- .^? section twenty-four ef this act shall tnke effect Immediately and cortliuie In full force and effect until emended tr repealed, fliafe of New York. OtTlce of the Bsefe-
tary t>f Btate, ss:
T have compared the preceding with tke original law on file In this oftlc*. and de hereby certify fhat the ssm* Is a correct transcript therefmm and of ths whole ef said orlirlnal law.
rRANUTS If. HtTOO,
fleeretary of Stats
f cfirr.Nlng out the provisions of this act there Is hereby appropriated from any money In the state trcAPury iitit otherwise
• ppnqirinted, the sum tif one million dn]- 'acH (Sl.fiO'inw), or so much thereof as may itf iiotcssary. All receipts of the com- 'TilBsion on account of necessaries seized and sold untler subdivision three tif sec¬ tion (leven of this act shall be pa'tl over to the slate treasurer and shrill co; ¦.xlltulc .". special revelvluf: fund for Ihe dlticharse of any liability which fhe commlFsion Is :iuthnri?,ed to Incur under such Bubdlvl- ^ion. No t>bllgation sh.-ill bn Incurred by the eomml'<.i=lon. under sutidlvlHlon three of Bectlon seven of this act. In excess of the amount available therefor, eithir from money afiproprU ted by this acl or 'rom the tialance to the credit of such ¦special revolving fund. For Ihe purpose of paying for necessaries seized by the cfimmission under subdlvlplon three of section s'von of thl.s act. tho treasurer, "n the wnrr.'Mit of the comptroller, shall
idvanc* moneys to the commission, from
provided.
f8) The portion of the expenditures for the acquisition of lands for juiblic markets and for the construction, repair and im¬ provement of putillc markets, which ia to be paid by the state shall be paid to tho citv by fhe state treasurer out of moneys npprop-lated or available therefor, upon the certlftcBte of the council of farms and markets on the warrant of the comptrol¬ ler. The monevs so paid shnll he npplied by the city exclusively for the payment of the cost of the acquigltlon of the lands acrjulred hy fhe city and dedicated for public markets, and for the constnictlon, repair and Improvement of pulillc mnrKets thereon In accordance with the provisions of this Bectlon.
(9) Upon the acquisition of lands by ths city and the dedication or assignment thereof for uss ns public markets, and the completion of the construction of new public markets thereon or of the repair and improvement of existing public mar
Time to time, on Its requisition, eit ner j ,''«^ '^ P^"}'''**'' ^''"''l'?' »"'''' P"*''''= '"*'": from moneys dppropriated hy this act or ! '"'^^ »,*i"' .^« under the supervision and
from the sfiecla! revolving fund estatdish- ed by this act On or b»'forp the fifth day ' f each .intl every month the crimniisolon ¦^hail mnke a verified and detailed report 'o the eomfitroller nnd the governor of ' its receipts .md dirburBcinents diirinj; the | ,. preceding mtmlh. The report to the comptroller shall be accompanied by prop¬ er vouchers.
5 24. Article fotir of chnpter elpht bun- rVed and two of the la'ws of nineteen hvm- ¦Ir-d mill fifvcuteen. erilltled 'An .-ict in relation to fnrms and markets, constlfut- ¦nfj chapter sixty-nine rif the consolld.ited 'aws" Is hereby amentled hy Inserting therein n new fectinn to he known ag eetlon Reventy-eight-a and to reatl as follows:
§ 78-a.. Suite old for public miirkets. (11 'Pile commissioner of public miirkets of a lity. in which a department of markets ->nnll h.ive iiccn heretoftire tir Khali hcre- ¦ifter lie est;iblishe<l ;is I'ttividcd In this ;rl|cle. ma>- when uutti'iri/ed I'V t'le city 'l.nill to the eminc!l t.f fiinns antl miir- f'.s H iiro['o«-il for fll" lociilicn iiiitl con- ¦'ri'ctiiin ie;i;ilr nr Imp rovenient ef one or lore piiblif markets in such c't v with -tornue fai iliiic"- for siifn roiirket or mai¬ ds und re«,iiiest thai vt.-iie ;iii| t-f. nlvcn ¦ •¦• ,s;ich p.irjiose as provided In this sec-
« 12.
Injunction to restrain practice ' reininls or iilaces wllfiin the state fur the
detrimental to the public Inteicst. If any person or coriiorution shall eiiKHge In a practice detrimental to the public Inter¬ est, as ilfllned by this act or by the rules of the commission, tbe commission may present a verliied petition to a Justice of the supreme court or a special term of
puriiu.se of utcertulniiig facts to enable the commission to aduilnlster this act. The commission may subiioena witnesses, may reiiulre their attei;d,inc* before the commission, or a person designated by tha commission for tliat imrpose, and require the production of books and papers peril
the supreme court of the Judicial district nent to Investigations hereby authorized lu which the offense Is oommlttsd for an and may sx&mtne such witnesses by order as herein provlde<# , thems«-lves or through a person deslgnat-
Such petition shall state the facts upon md therefor In relation tu any matter which such application Is based and upon within ths Jurisdiction of the commission, presentation of the petition the }ustlce or and may Issue commissions for the exam- court shall grant a" order requiring such Ination of witnesses who may bs unable person or corporation tu appear before to ultcnd or who may be absent from the euch Juatice or oourt, or kiefors any spe- I state Ths commission shall, when re¬
ctal term of the supreme court of the Ju¬ dicial distriot. ou the day apeclflcd there¬ in, not more than ten days after ths grautlns thereof, to show causa why such peraon or ourporsttoa ahould uot be per¬ manently sajolned. from oonttnuinc auch practice'ws, from (continuing tn the trade to which euih practice relates. A eopy of such petition and order shall bs aarved upon tb* person or oorporatlon. In ths maanar dtraoted br sueh erdsr. not leas thaa • « days ttefore the r*tuni dar
quested by the governor, report to him aa to their proceedings under this act.
i 18. Co-operation srith federal authori¬ ties. Nothing In this act shdU be con¬ strued to •inpower ths commlasl(on to do any hct In conflict with ezlstlnf acts of oongress o<- acts of confresa hereafter en acted relating to ths eucouragemeui of agrieultur* and ths rsgulatluu. cuntrul aad distribution of nsMssarles. er aay SMttsrs and thia«s referred t* la this ast Bueh ssMimis* al|»n ss toi as pea
'1.1 The ccnimissioner of puliliv ninrkets j f .vui M cit.v fliuli subm't such piii|>osal by ' ., 'r-l ill t{ie form und luuuiier i,re- I -^^ !;'-'¦! by '!•<• council <if f.irni.s and tuar- ' V- ,:- .<uc!i iiclitiun shiill IHl Kive th* lo- I li'iii :ind ilt-.-uTlbe in detiiil tlie lands I •,•...,1 ' ;. the .¦Ily noti .leili.ated or us- •;...,i i.il- 1': . as Illlill.- I'.y... cfs tu' land" LO LiK uciiutrvii tur sucn ube, us prusiiiixl try section Bcventy-elpht of this article, upon which it is proposed to construct new public markets or to repair or im¬ prove existing public markets In such city; (b) describe the character of the pro[iosed construction, repair or Improve¬ ment; Ic) stale the estimated value of the laud'- dedicated or assigTied, or to be ac- fiuired for use as public markets, and the estimated cost of the profioseti construc¬ tion, repair or improveinent; idj specify Kenenilly tbe public neces-s'ty for the hc- <iui.siticin of the lands described for public mnrket punioBus and for the construction of new public markets on such lands, and for the construction, repair or improve- ivierit uf puVi'iic markets on lands already fiwned by ttie city and dedicated or ns- si;;iied for iifo ns public marliets, and (o) Se! f.iilh such oiher malftrs as may be required by the council of farms ami inar- 1 (Is. The commissionor of public mn.rkels nf such city almll sutimlt with siuh peti¬ tion rtetiiiled plans and sjieciflcatliins fir •ho conntruetion of the prfiposcd new pub- 'ic niHrket t,r marUets, or for the repair or irnprovement of one or more existing pub¬ lic markets In such city.
i:i) I'pou the submission of such peti¬ tion und plans and speclflcMtioiis, 'the ¦ouiicll of f.-iims and markets sli.all causo .ill invc.stii.;;itioh to In- made of the nuit- Lcrs Kubiniiiwil In such iietltion. and slia.i ¦ielermiue a s to whether or nut a publlo tu-ccssily t-xists fur the acqulj^iliun of Uinil.s and ttie i^ou.structiou, repair or Im- iiroveinnit <if public riarktt.s in such cty.' The couiuil wluill visit und Inspect the lociitions of the lands proposed to be ac- (|uired or already aciiuiicd and tiedlcatod or jissigneii ffir use as pub:ic markets, '^ and shall lieternilne as to the suitability ; of such lands for public market purposes I ^ and as to the propriety of constructiug, repairing or improving public inarkrts thereon. The council shall also f-xamlrx* the plans and spedflcatlons for the pro¬ posed construction, repair or iinpruvement of such public markets, and determlns whether such public markets should b« oonstructed repaired or Improved In ac- oordance witk such plauis and specifica¬ tions. Ths council may recommend such modlflcatlons or alterations of sut h plans and spsclflcatlons as It naay deem advls- sbls and iwturn the aame to the commla- sloner of public markets of such city.
(4) If the council approve the location ef the proposed new publie markets and ths plans and apecincations uf ta* public
oontrol of the department of public mar¬ kets of the city, subject to the provisions of this article. The commissioner of public markets shall pubmit to the council of j farms and markets a report at least once i In each period of three months, or oftener required by tho council, containing' a ' I statement of the fees nnil other receipts I collected for the use of the public mar- i I kets. for ths construction, repair or Im- j I provement of which the state has contrib- ¦ ¦ uted as provided herein. The council shall ] i prescribe the form of such reports and ' I may Inspect through Its offlcers. employ- ' ees or agents the honks antl accounts of i the commissioner of markets of such city, [ ( for the purpose of determining the amount I received for the use of s-uch public rear- i I kets. The comml'=aloner of pulillc m.arkets In such city Rhall pny to the coun<!ll of! fnrms and markets such proportion of the I net receipts collected for the use of such public markets. Including? services, li¬ censes and privileges and of renting space therein, as the payments by the stnte 1 under th* provisions of this section, for i the acquisition of lands for public markets ftnd the oonstructlon, repair or Improve¬ ment of public markets, bear to the total amount expended for the acquisition of such lands and fhe construction, repair or Improvement of public markets. Includ¬ ing the appraised value of lands owned by the citv nnd of existing public markets eo repalrvd or Improved. The net recelfTts suall be ascertained by deducting from the gross receipts the expenses of operating such markets aetwirdlng to rules made by the council of farms and markets. TTie amornt so paid to the council shall be turned Into fhe stnte treasury to the cred¬ it of the peneral fund.
fini Tt 'hall tve the duty of th* ctruncll of farms and markets to prepare nnd sub¬ mit to the leglrlnfure at the next session a plan of annortlonment of nil moneys to lie appropriated by the state to fhe sev¬ eral cities RO that expenditures under this act fhnll be ova liable to such eltles on an equitable tmsls.
'Ml Tho governing board of a town cr vIlliiK*! of tell thouBand inhnbltants or over may eslutdish a department nf mar¬ kets for such municipality, with the pow¬ ers, duties and Jurisdiction of a depnrt¬ ment of m: rket.s in a city, ns prescribed In this article, and may appoint a com¬ missioner of putillc mnrketa to he bend of siK h department, and flx hla compen- satifin. or may provide for the supervi¬ sion of the department by such govcrn- Inrr board or by a deslpnated opiclal or OfTicials of the town nr village. When a deri.irl'nent of mfirkets shall have been ao estab'inhed In such a tov\-n or village the provisions of this section shnll apply to such miiulclprility In the Kame manner nnrl to the same effect that they apply to cities; and refererjces In this section to a city and to the coninilssioner of putillc m.irkets thereof shall be deemed to In¬ clude respectivelv, a town or vlllnge in wliich n denartment nf markets shall have been estali'lshetl nnd th(? ctimnilssloner of piililic markets thereof, the govertiliig board of Ihe town or vlllasre or the de^^lp- nated ofllclnl or tiffldals In charge of such deji ¦rfT'ent, pn the cnpe mav be IS 'it,. Till-loiiiini^-siui iippoiniKl hv chap
LAWS or NEW VORK,—By Awtherlty.
THA P. Mi
AN A<"T fo nmenil the llfjiicr tax law.
relative to the sale, delivery and pt*-
sessitm of llquorti under IscaJ eptloe
vote
TIecame a law Aiimist 9, 1917. with the approval of the Oovernor. Paas«d, thrse- flfths being present.
The People of the SUte of N*w Tsrk. represented In Senate and Asssmbly, de etinct as follows;
Hectlon 1. flutidlvltMon P of nectlsn thir. fy nf chapter thirty-nine of tbe laws of nineteen hundred and nine, entitled "Aa net In relation to the frnfflc In liquors and for fhe taxation and regulation of tt»e snme and to provide for locnl option, con- slltuflnjr chnpter thirty-four of the consol- Idnte.d laws," ns added by ch.ijitt^r six hundred and twenty-three nf the Inws of nineteen hundred nnd seventeen. Is hereby amended to read as follows:
r Tt shall not be lawful for any persoa, persons or corporation, either hnving or not hnving pnid a tax aa provided In ses- fnn p'n^bt of this chnpter, and either hold- Ini; or not holding a lltiunr tax certificate iFsued under this chnpter, to sell, offer or expose for sale or prive awny liquors In nny qunntity, to he tnlten away from the pieml.ses where sold. If such perstin. per¬ sons or t o:7itiratlon nhall hnve knowledge T sn.ill have reason to hell"ve that such Hfiiors nre to be ."rold, delivered or gives aA-ay to ir by any person In a city or tiiv;n wherein the business of trafTlcklng in liquors under subdivisions one, two and three of .such section eight Is prohibited by reaso'i of the result of a vote on local option nuestlons, and It shnll not be law¬ ful for n peraon to have liquors In any iiuantlty in his pos«>esslon In any city or town where trafllcklng In liquors Is at pmhlbltetl under sxich sutidlvlslons, ex¬ cept when prescribed by a duly licensed physician for the medicinal uso of suck piTSon or of snme othar person for ¦whom such lltniors were so prescribed. It la hereby further provided that It shall bS unlawful for a person, association or cor¬ poration to accept for delivery or to de¬ liver liquors In any quantity to any pen¬ non In a town or city wherein the busi¬ ness of trafficking In liquors under sul>- dlvlslons one, two and three of such seo- tion elpht Is prohibited by renson of ths result of a vote on local option queatlona The result of a vote upon a local option queetion or questloris In sny city or town or nny provision of this chapter or other Rtntute shall not Impair or affect th* right cf a person to mariufacture liquors therein nor to possess or store In suck town or city the liquors so manu- farlured, nor prevent auch manufactuj>- er from shipping and delivering any- such Unuors Into a town or city In which the snle of such liquors Is not prohibited as the result of a local option vote, nor to prevent a transaction of sale, withlsr the tnwn or city -where the liquors are mnnufiictured, for Buch outside delivery. The provisions of this subdivision shall not be deemed to prohibit. In any suck town or city, the possession of wine for sacramental purposes, nor the possessloa by a duly licensed pharmacist of alcohol to bo used as a preservative or solvent In the manufacture and compounding of drugs and medicines, nor the possession of alcohol necessary for any manufactur¬ ing process, nor to prohibit the delivery of such liquors In such town or city for such purposes or acceptance for auch de¬ livery.
S 2. This act shall take effect Inunedl- nfely.
Stato of New Toric, Oflice of ths Secre¬ tary of State, ss:
I have compared the preceding with ths original law on flie In this olflce. and do- hereby certify that the same in a correct t'T>n.'-crlpt therefrom and of the whole of said orlRlnaJ law.
FRANCIS M. HT700.
Secretary of Stats.
ter two liciicrf',1 arid !l\e. laws iitiii'ie- toon hundred and .¦i«veriteeu in lieiiliv iile'lished, anil nil Its poweis and iliities hi rci.y eoiifi rn d ujnin the cumnilsrion reated by thi^ :v'' The said cornniisHi'iii tiall t.-ansfer to the comrniwioii creaie.i by this act aM licrks reet,rds and tia|ver« of its procotKliiiga. and all empluyecu tif SUtb C'l ninn'tin so abollmhed shall I'c trmisr 1. ,1 |(, and ti* under the charge ti.f the 1 # :i|sslofi created by this set, A'l appriqirlntionH made und» r said chapter ure hereby transferred to the commission crentttl by thla act. This section shall not tak,' effet t until the commission shall jiass H resolution stating that It Is organlistl and rehdy to uesum* the duties under this act and (lie the same In the officii of the Be<'r«tary of stats. I
I 'M. Time of taking offset; e<mtlnuanc« (if act This oil shall take effect Imme¬ diately, and shall continue In force dui
r^^Triiu to be VrVc'l'^r *^.VVn, o7 la" thi "* ^l,' '"?« 'o*.U1: 'loU."'*„-•'. C..S Of existing public siarketa. If the I *"'' '"*> '*>* «»•""•" •«np«''» ""d t ceunctl approve of the propoo«d repair or lr>.provement aad of the plans aad spac- tAcatlons tharetur. It shall Issue a esrttfl- •ate e( suoh fact ts tlk* esassilasdoBer ef
due¬ ls a^
fcft«r until th* sovernor by a proclama- %laii shall ds«lare that th* emergency oaiialng th* enactment th*r«of no lonssr exiats eMtier Iss whsl* or In part. In whieh *v*iB« ttM pttmotm ttttttt moottnot 9J>«
LAWS OF NEW YORK.—By Authority.
CHAP 81B. AN ACT to amend the election law, t»
relation to voting by soldiers and salJ-
ora nnd the canvass of war ballots.
riecame a law Augrust J9, 1917, with th* approval of the Governor. Passed, thres- fifths being present.
The People of the State of New Tork, represented In Senate and Assembly, do- enact as follows:
Pectlon 1. Bectlon five hundred and one of chapter twenty-t\yo of the laws of nine¬ teen bundred and nine, entitled "An act In relation to the elections, constituting chapter seventeen of the consolidated laws." Is hereby amended to read as fol¬ lows:
; Ml. Ceneral register of absent voters. It shall be the duty of the secretary of state to prepare and mnke a general reg- tster on cards, hy counties, in which shall be entered the names of the voters of thla Ftiile absent from their respective e|«^loa dlxtrlclH In lime of taiar In the actual mil¬ itary servl<:e of this state or of the United States In the army or ifavy thereof. The cards In each county group shall b* ar- nitiRcd in the alphabetical order of the names of the voters. Such card register shall e<mtaiii the name and residence of eaili such absent voter liy street and num¬ ber. If any, and the name of the county nnd clly or town In which he resides, so far nn fhe secretary of state can ascertain the n:irric. q'lie card for each such absent vuier shall contain al.«ifi the nariit- or num¬ ber or other deslgno lion of the r.-gtment, compan .v. troop, ves'el or other command lo which such vou-r Is attachetl or aa> plgned. It shall contain also the location of sucli ciiminund at ttie time of such entry, Kti far us tne secretary of Ktata oiu> nmertuln the same. unlesH there are fall- Itary reaiioiis for omitting such Infonna-
lloll.
In order to secure the necessary Infor¬ mation to make and complete such general register. It Hhall be the duty of the ascrs- tary of state to obtain from thu appr^ priatc military and naval authorities »r from the most expedient source ths l*> quired information. The secretary of atats sbuU furnish proper blanks for such pur¬ pose. Kuch general register shall bs a public record and shall at all rwasonabls times b* open for lnspe<-tlon by any voter of this state. It Is hereby made th* iutt ot every publlo oflicer, and uf evsry citi¬ aen, tu furnish to th* secretary of atatS vuch Infnrmsfliin a* Ttft may iwsssss r«|aW hig to such absent nMmr; and auy psnos who shall r«fuat a* te do, or •hsUl ttti. fully furnlab falas Infsrmatlun U> r«<ar- suce t* suck %)MsBt v*tsrs, •tell tw tssi
