The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-21
POLICE JUSTICES
Bur TAKE NO FINAL ACTION LHfH
EXCISE ARRESTS NATTER. II

There jest Missed Bsi-e = ouorus, -
the 0uestion was Postponed, Sustass
Hogan Agreeing 60 Hear All Cnees
Brought Before Hi~ II the T.tsrtr..
The Board Of Police Justices were TO have held
q special meeting in the new Criminal Court
building yesterday afternoon TO secure uniform
action on the adjudication Of the arrests for vio-
lation Of the Excise law, but as there was no
quorum no final action was taken. justices
Ryan, Meade, Martin, Grady, Hogan, Sims 80
Taintor were on hand promptly at 2 o'clock. rna
about o'clock Justice Mcmahon dropped In for
q moment His presence made a quor am. bus
he left Immediately TO keep IN important en-
gagement, he said. No other Justice appearing
up to 4:30 o'clock. the meeting adjourned.
Before doing 80 It was requested OF Justscs
Hogan that, until the matter could be settled ~
the regular meeting on Oct 20, he would NOS
again enforce his ruling that policemen haveno
right to enter saloon on Sunday or during the
prescribed hours and make an arrest without
warrant. This Justice Hogan agreed 10 do.
The absence from the meeting of Justice Voor-
his was considered strange, as Justice Ryan
said he had told him that no would be presents
without fail. Justice voorhis differs radically
from Justice Hogan in his Interpretation Of the
Excise law, and 1t is presumed that he stayed
away because he wishes to have the matter set
tied without him.
porters relative to his standing in the matter.
He began by citing the case of Patrick Powers,
the ex-ward detective, now q saloon keeper -
Thirtieth street and Sixth avenue, who was AR
rested by Policeman Jeroloman of the West
Thlrtieth street station on Sept. 81 Jeroloman
preferred a charge Of interfering with an oficsr
In tho discharge OF his duty. He had attempted
to force his way into Powerss saloon TO see II
the law was being violated, and Powers pre-
vented him. IL was TINS arrest that called forth
Justice Hogan's cOntroverted ruling. .l.
The Justice said yesterday that he had with
him the transcripts OF seventy-hye cases, TWEEN
ty-fye each from Yorkyille, Jefferson Market,
and Essex Market courts, in which the arrests
were entirely unJustitiablo and he had dis
charged the prisoners. liz also had about 100
of the same kind. These, he said. were not by
any means all the cases since the enactment OF
he said, between 5000 and 5000 OF them. The
Justice then read two letters he had received
and one from the man who introduced Il in the
Assembly. The first was from Lawyer Thomas
bill for the Liquor Dealers Association. Mr..
Pttman's letter read:
the thirty-eighth section of the Excise law. This
section Is In derogation of all provisions OF any
as Il now stands il should be strictly construed.
IL provides that every officer authorized to mako
arrests on criminal process in any city or town
In which any licensed premises are situated may
enter on such licensed premises while the same
are permitted by license TO be kept open
therein. This language is not at all
ambiguous. and II simply means that suoh
the Soars they %S' srs '% Closed SSs
constat II the section meant otherwise It would
have been so plainly stated that there would be
interest in giving the true Interpretation Of this
SIn $3.50 I'D drew the BILL known as the Ant
officers, sherifs or their deputies. constabss or
agents of certain societies to enter licensed
ss.s a al 4b dsr b hs hGas thsy 81
a6th section the Anti.spy bill, THAT, bill aid
DATED d'' on my bill Of 'n 1891 sna tho
tion 80 now stands for the old Goth
section Of the proposed law Of 1891, the misde-
the distinct understanding that section 3s fully
covered the purpose and intention contained In
the Anti.Spy bill H. and the 2eth section OF tn:
Excise law repeats all laws In conflict or incon.
sistent with It, as the entire act Is intended 70
fully cover and comprehend all laws spplying
would further add that during the discussion in
committee on the bill in general, and particu-
ton as It now stands would prevent raids
licensed liquor dealers, and that where there is
violation OF the law that the offender would
on proper affidavts."
The letter Of Assemblyman Samuel J; Fdey
nd inc lsn tbs En;irsn az pbs conm1,Isa'
was AS follows:
II was much interested in reading your tn-
depreciation of section 3S OF chapter 401 of the
laws OF 1902. Your view is certainly the one
the Committee on Excise of the Assembly Of
1892 supposed would be generally accepted Sec
ton 80, as originally introduced by me, was not
enacted because OF the opposition of eight or
nine members. and a compromise all that
part Of section 3s referring to entrance OF ON;
GERS during the hours prescribed by law, and
mated"