New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-12

POWER or TIE POLICE TO ENTER PLACE OF
PUBLIC AMUSEMENT WITHOUT WARRANT Or
TICKETS.
In the suit of Sheridan Shook against the
Police Commissioners and superintendent the motion to
prevent the police from entering Gilmores Garden 10
enforce the Excise law Sunday without paying Tor
tickets yesterday before Judge Donohue IN su-
preme Court Chambers, motion TO hear the merits
Of the at 10 anticipate any repetition OF
last Sundays id on the garden. The merts OF the mo-
ton were ordered be heard at once after little oppo
si.ion by Mr.. MGcLean the counsel for the Police
Board.
EAJudge Diterhoofer briefly presented tho facts on
behs of the plaintiff lie said that Glmores Sardeh
was private property, though public entertainments
were gwen there's that the police had forced their way
in and threatened TO do 40 again, and thereby
caused great injury TO the propretors by tbs uns"m
e. ry by the disturbance thus created by dcterrng poo
PIE from coming there; that 10 sue zach policeman
would involve multiplicity of suits which would be
avoided by prohibiting the Police Board from ordering
this lie gal intrusion.
Mr. MscIesn read ah'davts from superintendent
walng and Others setting forth that tie entry into the
Garden under general orders from che Police
Board. tie violation Of the Excise law In the Garden
beng notorious. Inspe ,tor McDernott added that he
had tried the lager beer and knew 1t TO be lager Nc
Namars, policeman had alec tried It on sunday, and
bad the OF the waiter well as Of his own
alao that the liquid served him lager beer. and
h lager served TO others Sergeant Kass stated that
he was in tho Garden Sunday and seeing tho sale %
lager bcer sent for squad OF policemen he brought
the policemen In 10 At time. The doorkceper objected
bu, nc said These policemen duty end have no
ticf,s" and no further protest raade aid no injury
done 20 any legitimate business.
Mr. NacIeau took a preliminary objection that plain
tins showed irreparshle injury and nothing more at
mot than mere tfesLaes.
Ex-Judge D.tenhoefer asked II 1t pretended that
the police had right to enter without warrant every
place aIaust nenti If the theory that they en-
tered the garden 10 prevent violation Of the Excise
law there were plenty places near where admission
fee Charged which violating the the zeal
Of She policeman might have found vent al these IL was
notorious that there not liquor store near the plain
''hs Prce which did not violate the law. t was plain
.1at the Sergeant desired sensation and singled out
respectable place TO march his squad int, whe other
PLACES were untouched II was lot al attempt 70 enforce
the law, Dut sensational proceeding AS descriDec
In Recorder HacEetrs charge the law was converted
TITO a blresquc or made the means OF oppression
even lpaint.u which break Into this garden This
was singled oft without any authority, apparently De
cause tended by TIE most respectable people couil
the police SHOW any ris0t 70 free aanis tntref III
they coud enter GlmGfcs Garden the eouid enter any
force and hey were official aud legal " deadhcads,'
with power to ruin any place OF amusement by Their
the police coming i~if they paid Tor tcIets IKE otlcg
people-to inquire whether or not the law wac violated
but they did object such attacks sut5 agdust eaCn
policeman with probable 50 cents damages IN each c.se
would be rcr2edy for the loss occasored by such
Counsel 70; he police insisted that TIC only remedy
by action for tfe-pasB, noe against e5ch police
-uar but AGAINST CDmnlEs0nCrs who directed tie
entrance that the cIut could not grant the injunction
applied Co.. brcause d was an chcerB special duty to
prevent crime statute. and his special duty TO enforce
the excise laws.
Juder Donohue said the question in this waa not
Cht oi the polio" to represi or prevent crime,
but a. 10 their right m DONG that to onter private
building, matter condemn ii by the Constitution.
Counsel replied that police officers were empowered
without warrant .erIer piy.e holSeo 10 preyeht fe!
cnT and had di~cIcOn IL enter thCm 10 prevent mis-
deucanor. But faces OF pubic ANUS ment were Oh "a
different footing private houses, aud Father on the
ting - pubi0 iuUa and tsTcrn ard u. Ponce act
required the police cstcfui rrcTcr3e order aud ~
,ct all places puddle EcBt. He urged tit Tue
discharge Of these duties should not be crippled Dy an IL
junction.
il DE Ditteuhocser called attention TO the fact that
the did 10; lcgc that 81" prUprcturs o the
garden had anything To DO VIII the sale Of tc lager
beer and Il far they had interest II. II" asked 9u
ulneCil,- decision So that both SIDES nigh cCuOIin
their ctipH Judge DOIUhuG gcrycd is decision,
promising 10 give II as sOOL a. EC could.