The sun., 1892-05-08
4 DRY I.4W. SAY THE POLICE
How Judge Koch lnterpr-ts It-Perhnps n
Test viii he Made ofthe New Excise Act.

Superintcndcrt Byrnes summoned all the
Captains To Police Headquarters yesterday
morning. He declined to say anything after
the mcetin: about the Sunday law except that
tho law would be enforced. 1t was learned,
however. that ut least one policeman in plain
clothes. aside from tho two ward detectives.
would do excise duty to-day. This Is in
accord with President Martins statement
n few days ago that as long a. tho resolution
passed by the Board last September condemn
ing the spy system is not generally disobcycd
there will be no trouble. Eul while President
Martin said that three men in every precinct
would not be general he also stated that 100
arrests would be general.
There is no doubt that the police will enter
saloons to-day anl arrest at Least some viola
tors Of tho Excise law Tho construction
laced upon section 3S by tie Board Mt their
meeting on Friday will bo the Interpretation
OF tho law under which tho police will act.
Superintendent Byrncs said on Friday morn
ing that he would enforce tho law as inter-
prcted to him by his superiors Az the Board
have decided that section %S does not
prohibit policeman from entering an
opcn saloon, on sunday there is little 'loubt
that the police vii! make arrests to-day 4
Captain who was present at the meeting said
thut il saloons were open in his precinct to-day
who sold the liluol. He said he had cause to
believe the Commissioners would sustain him
in such action.
The Interpretation placed on section 80 by
the Police Commissioners was shown to Judge
M Koch Of tho Excise Board yesterday afternoon.
Il wish to Justify my position In this matter.
but have no desire to critlcisS MIR. Magician
or his brother mmissiono:s. Tho now Excise
law. ii is proper to state Is tho result OF the
tnkering "t many hands at Albany. 1t was
changed for tho better each time. In regard
to section 80. say that it plainly forbils a
policeman from entering saloon ut any time
other than when that saloon Is opcn under
the law Tor when the law closes So,
house. That is. when q saloon closes IN tho
eye of the law On SATURDAY ~ night. and is to re-.
for that period as private house. and it's pro-
pretor is entitled TO all tho rights and privi-
lcEes OF u private citizen. NO policeman may
that person has committed or is committing u
felony. or unless the policeman has cause to
"The language OF the section is plain. Every
LAWYER knows tnat the assertion en- OF one thing
that the law must not be interpreted to work
mischief. 1t should he interpreted rather to
intended TO remedy, without working any
other mischief q ahy Kipd Is tne norsesatSSn
section was intended to abolish that. or
course l, speak now as nn Excise Commits
law. but il is the function OF thu Commission:
ers OF Police to interpret section aS and TO deal
they interprct il. II n policeman enters su-
loon tomorrow, and subsequently makes ~
saloon Keeper has II right to ile a counter
charge. and I think. further. that the counter
charge Will hold. .,
lntinv 10 the saloon becoming AS u private
house when tn" law closes Il, cite Attorney
think tho saloon keeper will have Il common
law right to tnr privacy OF his saloon. You
know the old English rnlo. that every mans
to intrudo upon il without his consent"