New-York tribune., 1890-01-03
NO INTERFERENCE BY THE POLICE.
THE CORPORATION COUNSEL DECIDED THAT
WINE MIGHT BE SERVED AT A PRIVATE
ENTERTAINMENT.

WINE MIGHT BE SERVED Al a fiIFA1H
ENTERTAINMENT.
Ex-secretary william c. Whitney, ex-Judge How
land Elihu Root, f. c. Stanton and George G Haven
went 10 the Police Commissioners yesterday ana hcld
a long private conference with them regarding the
required action of the police at the ball. Mr. koot
made a long argument in which he took the ground
that a recent decision Of Judge Daniels dld not apply
70 the use of wine at the ball after because the
hall was strictly private affair, and the wines to be
used were To be provided not from the licensed bar OF
the METROPOLITAN Opera House, but by Plnard, the
caterer, who had license at the place. Cominis-
sioner MacLean thought the decision OF the Judge
might still apply to the ball. but he and the other
Commissioners consented to submit the question 10
the Corporation Counsel. Mr. MacLean went down
town 10 get the opinion. Upon his return at D. m
TO Headquarters the Commissioners directed Supern
endent Murray TO that the police obeyed the de-
cision Of the Corporation Counsel.
F1 secretary Whitney, Mr. Root, ex-Judge Rowland
and George G.. Haven went to the Mayors once
Mayor Grant told them that he could not Interfere
with the orders OF the Police Board subsequently
these representatives OF the Metropolitan Opera House
management visited Corporation Counsel Clark ac-
cornnanied by william II. Kipp, chief clerk of the
Police Board who brought letter asking Mr. Clark 5
opinlon as to the proper construction OF lhe law,
The question was argued by eX-Judge hO"lahu anu
Mr. Root and Corporation Counsel ClarK Wroe tno
OpiniOn, addressed tnlel bIeTh
tho guidance of the Police Commissioners settling
,ba casa in favor of the sale Of wine after 1 a. M:
Renlvine 10 your communication Of this date beg 70
advise YOU that the application which is made TO the
Police Board in substance an application oy private
persons who have hired public edice for an entertain
ment at it is proposed to furnish wine Win ne
supper to be given to their guests.
such an .en,ertanment TO which the public Is not IN
ed and for which tickets be purchased does not
Fan within the definition public ball. and the furnish
~ n, wines and liquors the guests by the hosts OF the
occasion Is not matter falling within the regulations OF
the Excise law.
I therefore advise you that the police would not be
sted in interfering with such entertainments so long
as order preserved
Upon a similar inquiry, addressed BY his Honor Mayor
Hewitt to the Hen. Morgan J. oBnen then Counsel 70
m. Corporation on September O. 1887 similar advice was
given. -, -
Ex,Judee Rowland when seen by Tribune re-
porter last night said The Police Board never de-
cIared an intention Of interfering with the ball. They
simply declined 10 give any Instructions They nave
become convinced that IL Is purely a private ahair''
They have acted consistently In acquiescing In our
view OF H. II they had determined In the hrst place
10 intepfere-wblch they did not-and then changed
their opniOn that would be another tinng.@
He asked them he said, II They agreed with ue iaM
as stated by the previous Corporation COUNSEL 10
rve snch Instructions would prevent interference.
They declined 20 give Instructions, but look no aeugn
either for or against the service of wine AT the pail
what was after" remarked ex-Judge howlana 70 :
friend, @was 70 find out whether ther mIendea 70