
    JOHN GAINE, PROSECUTOR-APPELLANT, v. D. FREDERICK BURNETT, COMMISSIONER OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.
    Submitted May 26, 1939
    Decided October 16, 1939.
    For the prosecutor-appellant, Quinn Doremus (John J. Quinn) and William, F. Hanlon.
    
    For the defendant-respondent, Nathan L. Jacobs.
    
   Per Curiam.

We consider that it was within the authority of the State •Commissioner of Alcoholic Beverage Control to impose the regulation under review and to suspend the license of a violating licensee. Having in mind that this is the extent of the holding we affirm for the reasons stated by Mr. Justice Bodine in the Supreme Court.

For affirmance■ — The Chancellor, Parker, Case, Donges, Porter, Heteield, Dear, Wells, WolesKeil, Raeeertt, Hague, JJ. 11.

For reversal — Perskie, J. 1.  