New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-04
MARTIN SMOOTHES 1T OVER
HE SAYS He DIDN'T MEAN TO INTERFERE,
THE TAMMANY COMMISSIONERS REFUSE 10 RE:
sCIND THE SPIES RESOLUTION

The apparent difficulty between Superintendent
Byrnes and President Martin of the Police Board
regarding the manner in which the police NAV
enforce the Excise law on Sunday was smoothed
over at a conference which the two men had
ut the Central Office yesterday. Mr.. Martin
reached his office soon after noon. and locked
bimself in with Mr. Byrnes. They talked together
for nearly an hour and it was understood later
that Mr.. Martin had GisavOwed any intention to
Interfere with the powen OF the Superintendent
The explanation Of Mr.. Martins action on Satur.
day was understood TO be that he had meant
to ask Mr.. Byrnes to prevent the captains from
sending men in plain clothes to enforce the law
on Sunday. but learning that the Superintendent
was away from Headquarters, he had asked Chief
Inspector Steers to call the captains together and
remind them OF the resolution which expressed
the wishes Of the Police Board. He was in q
hurry to 20 to Albany, and did not think his
action would stir up such rumpus. 1t was
understood also that Mr.. Martin had declared that
he would not stand in the way OF the SUPER
lntendent in an attempt to keep the liquor stores
closed on Sunday. All that Mr.. Byrncs would
say after the conference was that he believed he
had the support of the Commissioners in his
determination to enforce the law
The four Commissioners met soon after 2
p m. They had q discussion over the question OF
permitting policemen in plain clothes to get evi.
dence against the liquor-dealcrs who violate tho
law on Sunday. Commissioner MacIean opened
the discussion by moving to rescnd the resolution
when was passed on September l, 1891 when
he was absent in Europe. The resolution is the
one TO which the attention OF the captains was
called on Saturday BY direction OF President
Martin. and it reads as follows:
v ResoVed; Ihat the communication from the Execu.
received ana paced on file and copy referred TO the
suncrntendeit with an expression Of opinion on tjn
caSions expects and requires the police force TO dis
ecarge s fli duties disapprove IN general Of any
acter OF sncaks s.pes, or OF acting in n snrrenti
ilons manner In the discharge Of It's duties and utterly
Of to ves t%ef%s the % By By The The pcs
soliciting or receiving blibcs Ut any kind or char.
acter FOR any purpose whatever
Mr.. McClave-On what ground do you ask I'd
have the resolution rescinded?
Mr.. MacLean-On the ground that the Com.
missoners had no power to issue instructions Of
that character.
Mr.. McClave-Do you mean that the Comnis.
sioners cannot give orders TO the policemen?
Mr.. MacIean-I understand that the powers
OF the Commissioners are given to them as
board. Individually the Commissioners have no
power over the force.
had no power to have the attention of the cap.
tans called to that resolution?
Mr. MacLean-I am not criticisng any special
action
Mr.. McClave-Do you take the position that tho
resolution intcrferes with the Superintendent
efforts TO enforce the Excise law?
Mr. MacLean-I have not consulted with thu
Superintendent on the subject.
Commissioner McClave read the resolution ald
explained that the intentions of the Commissioners
when it was passed were not to interfere With
the enforcement Of the laws, but to stop the con.
dnct Of some polidl)UDn which had given rise to
complaints of alleged blackmail. He added: IF
there is anything in that resolution which In
terferes with the work Of the Superintendent I
will vote to rcscind it,
Mr. Martini had a conversation with the Su-
perintendcnt to-day, and he says that the Excise
law was enforced fairly and uniformly in the city
last Sunday; better, in fact. than on the pre-
vious Sunday. l had the pleasure Of voting for
that resolution when Mr.. MacIean unfortunately
was absent. If he had been present, think he
also would have voted for it.
Mr.. MacIean-My attention was called to tho
resolution in October, l think, after / returned
from Europe and l intended to move to have
it rcscindcd; but 1 thought that such action on
/ let the matter lie over Later forgot about It.
Mr.. Martini thought that the resolution was
a proper one when il was passed, and think 20
yet | think it is improper 10 send policemen
in plain clothes into the liquor stores to buy
and drink liquor in order TO make arrests. Ny
action on Saturday was not intended 10 interfere
with the enforcement Of the Excise law. There
Is no difference of opinion on that subject between
the Superintendent and the Commissioners.
Mr. McClaye-The resolution was intended 70
improve the discipline of the force, but there
.ccms to be belief in the public mind that 10
interfercs with the enforcement of the laws, and
viii vote to rescind it.
Mr. Shcehan-It sacms to me that il the Com
missioners vote to rcscnd the resolution they will
put themselves on record as encouraging the
police in acting spies and sneaks.
Mr.. MacLear-Spics are necessary in detecting
,rime Counterfeiters thievcs, blackmaies and
,ther such criminals could not be caught and
punished if the detectives did not sometimes aos
Is spies.
Mr. MacIeans motion was lost by tie VOTE
Commissioner Martin and Sheehan refusing to
esclnd the resolution. The effect OF that diff
eyence OF opinion among the Commissioners may
lot be known until next Sunday, but it is not
Unlikely that Superintendent Byrnes may order
he captains TO ENFORCE tnc law OH Sunuays wltaS
policemen in plain clothes, If necessary holding
hat the resolution, which still stands on the
,ooks does not prevent such methods
Commissioner MacIean moved TO promote Will
am r. Iiaughcy, of the Fourth Precinct, to tho
ank of captain, but he reminded that new
lgible list of sergcaats mist be obtained before
uch an appointment could be made. The Civil
Service Board will be asked TO send such list
,efore Friday when the Commissioners may ap-
,oint four new captains. At the request Of sew.
raj captains, the COMMISSIONER appointed tho
precinct detectives: +. b. Holahans
. j. Kane. West One-hundredth-st. Bernard
Icchan. Fifth-st.: J. +. Mitchell, Elzabeth-st;
ohm McCabe, East ne-hundred-and-twenty-
iXth-st.
At the request of Inspector McAvoy, Serseans
'hoinas II Mangin was transferred from Las!
'wcnty-second-st to Police Headquarters, ano
ssicncd 10 duty in the Second Inspection DIS
n;n4 1,l,, follnwinn fra nafers of seroeantS Wero