New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-06
IT'S TAMMANY'S BARGAIN,
TRYING TO ALLOW EXCISE VIOLATIONS.
THE TIGER FACES SUPERINTENDENT nYRSEs


AT TIE MoUoRsnoP ENTRANCES.
If the Interpretation put upon the new Excise INV
by the Police Commissioner that under 1t policemen
| have no right to enter the liquor shops during
the legal hours in which hc ought to be closed. is 10
stand II Will be regarded by all decent and law loving
| citizens the grossest and most Infamous outrage
against public order and morals pcrpetraed 10
an enlightened community. According TO the state
ment emanang from Police Headquarters. the Corpora
ton Counsel has been called upon for an Official opin
| ion on this point, presumably with the expectation
that he will back up this Interpretation Of tho statute
Corporation Counsel Clark said yesterday that
request for an opinion OF the meaning OF section 49,
which contains the clause referred to- had been made
by the Police Commissioners by the Excise Board.
and that until his construction Of the law officially
asked by Of the departments entitled to do no
did wish to say anything about il.
From other sources it was learned Yesterday
that TaRmany Hall Is preparing Ia carry out
its bargain with the lQuor element and Join
the rumseller In making it impossible to get evi.
dencc against him OF violating the law during the
hours prescribed for keeping the lqnor shops closed.
This Excise bill which Tammany Hall and the Demo-
cratic party passed through the legislature, drawn
by David Ilessbere. a Hebrew lawyer OF Albany who
Is counsel for the state Liquor Dealers Association and
Of the widest specimens OF his kind. II f. asserted
by those who cognizant Of the circumstances al
the time that the provision relating TO the spy stem
Of statutory language framed with direct reference
decisions Of the courts in which could be cited
rs piccedents when necessity demanded 1t. Tammany
Hall need not plead Ignorance of what was In this
hill and Its Intended meaning. Police Commits
soner Martin and Corporation Counsel Clark spent
large part Of their time In Albany during the latter
part OF the session. looking after this very legislation
and much moro just as indefensble. They went back
To tho state Capital again after the Legislature had
N
and Hill TO secure the Governors approval Of these
bills.
Croker did the same thing and has hestated
express his sympathy with the sellers when
effort made To bring them within tho
reach Of restrictive legislation. The whole affair IS
Tammany plot OF the fouest character conceived BY
the Wigwam bosses and the liquor element. and fer
which TammanY Hall must be held responsible 1t to
polls in November
Apparently, the only hope OF overthrowing tbs
carefully laid scheme give the lawbroakcrs Of this
city immunity from arrest and punishment lies
In tho courts. and II Superintendent Byrnes is in
earnest in unfolding the preogatives OF his Office. he
should lose time In compelling judicial construc-
ton Of this section OF the act BY directing his do
tcctives to proceed as has been their custom in OBJ
tanning evidence against liquor sellers. he will force the
latter to seek the courts for protection The law
says that police officers authorized TO make arrests
may enter licensed places while the same are per
mited by the license 70 be kept open for carrying
the licensed business therein. The dependence Of the
Tammany constrctionists OF the law is that II will
be held TO that during the hours the licensed
places should be kept closed, the officer is not en-
powered % enter. and therefore must not enter. lt
certainly the duty of the courts the law
IN favor OF the maintenance Of the law and against
the awbreaker. The presumption should be that II
S its intent to sustain itself and prevent its violation
md that unless there is positive inhibition. the police
fcer Is clothed with authority enter places where
has reason to believe that the law is being violated
Everything In tho Police Department is more
css ut Il standStill. The Superintendent Is asking
whether this section means that the police have the
light to enter liquor store in the regulation hours.
md may exercise their discretion to what they
hiii 90 after u M Or on sundays, or whether they
Ire expressly prohibited from entering place ex'
commissioners Shccian and McClave and Supern'
yesterday but no on neo knew W. was the pSS
u the talk Commissioner Mctlave is inclined to take
pessimisc view OF the situation.
Looking ut the wording OF the section with
ym ..,, eye he said -! am inclined to think that
% dc the @ r.n HS t ." one n
hat the second clause OF the section. which was
Spnnsed would II allowed to stand. have made tho
qnorstore after the regulation hour misdemeanor
a. the eye Of the law: A. present however. would
ave had legal opinion. That point will be settled
the Board at its meeting to morrow"
u should like to call your attention % the hrSt
ne OF the section. which reads: Every officer aa:
nOrlzcd 10 make arrests on criminal process sara
he reporter. "would that be likely 10 affect the
electives In thor hunt after forgers burglars. green
Gods and b,incO men,
! cannot express any opinion on that replied
Ir. McClave. g. should. however. think that super
,tendent Dyrnes would be little likely to be affected
v any nice scruples In regard TO time and place
nder such circumstances a. those"
Commissioner sheehan declined to anything.
referring to await the view Of the Corporation
ounsel .
Superintendent Byrnes. as usual. would not commit
Imself. I'VE are not lawyers" he said. "and what
earth Is the OF discussing the question nntii re
ave had proper Oplrlon' don't know how the
w stands al present. when do shan enforce IL
RmIih l. Amelia Hack Hosiery is CnsMrpase0a