New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-14
THE EXCISE Ia WS.
HOW THEY ARE ENFORCED BY THE POLICE.


ILLEGAL ACTS OP THE EXCISE BoARD-Ihh
CASE OF A. J. wESTLAKE.
The answer of the Police Commissioners to the
questions of the committee of citizens, OF whcn MI
law ia chairman will be considered at meeting OF
the committee at early date: TRIBUNE re-
portcr made inquiries of the Rev. Dr. Howard CrosDy
on the subject Yesterday. 81 have not been informed
of the committees meeting as yet" ne sald; pu.
one will be held. The Police Commissioners nave
made the best answer they conld Their reply Is IN
gnuiously drawn and the cut at our committee
was 10 be expected. But the answer is nsulhcleht'
Two excuses arc gvcn-that the courts 90
not perform their duty, and that more de-
tectiyes are needed. 1t is the police and not tho
conrts that fail to perform their duty. Most OF the
arrests made by the police for violation OF the
+. else law are based on the evidence OF one man
When Mr. Phelps Discretionary he told
me that he had about 600 such cases al one
time. Liquor dealers assert that when u
nojicrman wants TO get even with them, no makes
an arrest for violating the Excise law. When the
case comes into court lt is simply tue teetlnonJ
of The policeman against that OF the lquor,seiler
and in,'ge or Jury is about as ready TO believe
one as the other. Hence the most OF thosc caNes
fail of a conviction. All that could be avoided III
two Policemen sent to make arrests lns'ea'I
of one When shop is open III violation OF tne
law and liquor sold there, it is no ronble Tor the
nolIce to secure evidence II they desire IT, NOW rs
70 the need of more detectives there Is nothing IN
| that There are plenty OF detectives now
| They can be found az almost every police
| station az any hour of the day. | have never
found any difficulty III getilhS Nor
| Whenever have had need OF their services. NOT
have found any difficulty IN procuring evidence t.c'
against these unaw full places. III private citizen
can do IT. certainly the police ought to he aole TO
accomplish as much. II is the business OF the pollce
to make arrests when VERSIONS arc io,nu Hio,atnS
| Z" What do YOU think of the statement OF tue
Commissioners that they know o. no g,soFderly OF
| gambling houses licensed TO sell liquor 7
Iii is nonsense They do know OF such places;
and some of the Commissioners have been IN them.
What IN your opinion VIII DC the cHcct Oh lio
Exc so bill now before me uoNclHoi PiV'iu'"6 -
hae "A
The effect will be bad The clause requiring
| warrants will make il much more dlhcult TO pro
| chr, arrests 4 law limiting the number OF liquor
| sbops and increasing the license lee would nave
bene6clni effect but the measure before the Gov
| crnor is III the opposite direction.
Ex.Judge Charles 4. Peabody, another MEMBER
| of The committee said: Il have not had tine to
| carefully read the reply OF the Pollce Comnl'-
sioaers and therefore am not prepared To express
NV views IN regard to It. The questions relating 10
leir Interpretation of the sunday laws were asked
10 bring out their reasons Tor lack ol ulgehGc ~
| enforcing them WHAT they say about high
| license law Is true enough. But tht" Is ilttIc
| hone OF securing such legislation, went To Albany
! to favor such a measure, but cohld 40 hoihihS
Instead OF passing such bIi, thc Lc(lsl"tuie n's
passed that Will increase tue humoeI oI iiiu"l
sbops and fear that the Governor vi! sigh H. Inc
facts are that the Democratic party iia' 10 nope VI
succcs, in t.Is state except through the majority
il secures III this city, and That lts majority comes
principally from The class VINO iaNoi 10" ilc5h'r
lee or no license az all. We meet the same hlud oil
| men m the Legislature from tins city that We hud
| i'm the Board OF Aldermen. And all the world KNOWS
what KIND of men they are . =.
" iHeu YOU do not look Tor any Improvement III
| the present condition of aiaifb'
- Lesc spasmOdIc efforts to secure the enforce
| mcnt OF the laws do some good aithongh thty 40
| nnt hiring the Improvement that Is needed. IL we
could secure a good Excise Board, mat "ouId ne 4
great point gained. But the Aldermen do not mean
| IN conirm nominations for Excise commissioners
| unless A mai jrIty of the Board u composed oi men
| of tine same kind the present Commissioners.
| They are dong what they were put there 10 90,
and that not 10 restrict tno number Oh nqnor
|
President As,cn, Of the Tax Board Is cx-oliicio a
| Commissioner OF Accounts TRIBUNE reporter
| MANFRED of him Yesterday whether tie C"mnis-
soners of Accounts had made an examination
of the affairs OF the Excise D"arI am 80 con !
| santly occupied IN the Tax Office. nc sad thai
| have virtually no time 10 give 10 the Work Oh the
Commissioners of Accounts. Last year ley exam
ined INTO the affairs OF The Excise DoaIu, noNtIoi,
for the first time since 1878, and III virtue oil that
| eXamluation | refused, III the Board ot AppOftlOn-
ment to vote for the full appropriation asked Oy
| kXcISc Board. II was found that the most money
| was collected for licenses when the Excise Board
| had tue least number of inspectors employed III
the spring when it had only thirty Inspectors over
| $1,000 was collected IN one month"; but III the
mont ms of Septcm Der, October and November, when
| there was political work to do, the number OF Ill
spectors wa. increased to forty-one, and the amount
| collected was $4,000 III September, Sll $50 IN
| October and 81 u, $50 In oyemDer"
Ibid the commissioners of Accounts discover
! ANYTHING else peculiar IN the management OF the
Yes: they found that the Board, instead Of de-
posting with the City Chamberlain, as required by
law all the money, received Tor licenses, Kept an
| the Excise Office, and the city received
no interest gu that deposit. They
| found that the twenty-third section OF
the Excise law which requires the bonds to bc filed
| in the office of the City Clerk was not complied
| with. The bonds were all kept in the Excise Office
Up to Nav, 1879 the names OF the sureties on the
| bonds were entered on the register OF
| licenses but after that date they were no longer
| recorded. An examination OF the bonds themselves
showed that the keeper Of liquor shop near the
| Excise Board surety on no less than 10 bonds
That was clearly i'll violation OF the law, in my
| opinion" -
| A. j. Westakc. who keeps liquor store at No.
| 22S Cherry-st.. arrested on the first Sunday
after the Penal Code went into effect Tor violating
| the excise law. He was indicted but when he
| was brought before Recorder Smyth, III the Court
| of General Sessions, on last Wednesday, he Was
discharged for want OF sufficient evidence. Inc
front door to Westakes store was open at the time
of his arrest, and he was standing behind his bar
awaiting custom. In his decision the Recorder said
that Inc would discharge the man because the polio
| man who arrested him did not see him accept any
| money or give his liquors away. Recorder Smyth
| said yesterday, in regard to his decision: " The
| case if remember 1t arlght, was not brought by
the indictment under the PROVISIONS OF the new CODE
hut under a section of the Revised Statutes of this
| State for 1887 which reads: NO inn, tavern. or
hotel keeper any other person. shall sell or give
| away intoxicating liquors or wines on Sunday, IN
| any of the villages, cities or towns or thls state
| to any person whatever, as beverage. When the
| man was brought before me asked the policeman
| who made the arrest whether he had seen the man
sell any liquor lie answered No lie was then
|
| Again no answered in the negative. AS no proof
| had been brought against Westlako that he had
| violated the statute he discharged. The officer
was simply in error that he did not wait to obtain
positive proof against the prisoner before he made
the arrest. lad the indictment been brought under
| the new code the might have resulted differ
entity. The case will not have, nor can ii have an v
| effect on the prosecution of the viOlaors OF the
| excise laws. That the Court OF General Sessions IL
| inclined to support the police when cases are
brought before It that are backed by evidence has
been shown conclusvely."
Superintendent Wallng expressed much surprise
| when told of the decision III the case OF Westake.
The superintendent said that under such rulings
the police would not be able TO convict any person
for violating the Sunday law.
The hearing of excise cases. which has occupied
the time of Recorder Smyth in the Court of Gem
eral Sessions this week, was finished yesterday
The amount OF fines in all collected 81 $50,
and it was sent in daily Instalments by CLief
| Clerk Sharks TO the City ChamberaIn. Recorder