New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-09
NO BEER WITH A CRACKER,
HOW THE EXCISE LAW MUST BE KEPI
ON SUNDAY.
DECISION IN THE HOTEL METRoPoLE cAsE-c
DAY DRINKS MUST BE HAD ONLY .
WITH BONA FIDE MEAIS-POL
ICE INSPECTOR BROOKS
TRAPS THE HOTEL
WAITER.


CITY MAGISTRATE Fiammer gave decision yestsse
dav afternoon in tho case OF Nicholas Snot. the
waiter of the Hotel Metropole who was arresteo
on Sunday June 80. by Policeman Huise on
charge Of volatin the Excise law Tns Is the CASE
on which the Hotel Mems Association has deter.
mined to make a fight. and for that reason II mas
attracted a great deal OF attention The case was
called in the Jefferson Market Court shortly before
1 D. m. Long before that hour the people interes'eo
in the case gathered about the corridors OF the
court f. l.. Merrifeld of the Continental HOTEL
the president OF the Hotel Mems Association. was
present with Simeon Ford the secretary OF the as
ISOLATION. and George Greene. the proprietor OF inc
Hotel Metropoe.
James Oliver the prisoners counsel was accom-
panied by W. J. Tanning. who declined 10 DC =
City Magistrate. He is counsel TO the Hotel Mems
Association Acting Inspector Brooks was WHO
Police Captain Pickett and Policeman Hulse
THE CASE FOR THE POLICE.
Tho fire, witness was Hulse He said he went
into the cafe OF the Hotel Metropole on Sunday
afternoon, June 30 and asked for glass OF peer.
sInot handed to him a bill Of fare from which hs
ordered a plate OF crackers and cheese :
Ibid he hand you bill OF rare! askeo 'n'
Magistrate.
yes sir" said the policeman. II looked over It
All the dishes we're cheap l think the most ex'
pensive ten cents.
well. what did you do them"
81 ordered a plate Of crackers and cheese ana
check for Is cents After that ordered secono
glass OF beer which served me. for which !
was charged 10 cents. Then arrested the waiter
Were there any other people In the place!
YES sir: five six others
What we're they eating? Any steaks or anytnihs
OF that sort?'
.I don't think So There was nothing Of that SORE
IN the bill Of fare that saw. Nothing cost moro
than 10 cents"
WAS there any other bill Of fare?" asked Mr.
Tanning
That" said Hulse II do not know. l saw 0u'
the one"
well" said Mr.. Tanning, II guess that's about
ALL there is to the case. The evidence seems pretty
clear"
1--WE Claim" said Acting Inspector Brooks 'thae
this is violation OF Section 32 OF the Suppieeh-
| tarv Excise Laws Of 1894 and 1895. 1t says. In
| substance that no innkeeper shall serve people IN
| the barrooms or other similar rooms. and that no
| shall not serve liquors TO any but guests OF MS
| house either In their or with their meals.
| This officer had room in the hotel
THE LAW IN THE CASE
| "you are mistaken In your Interpretation OF the
| law" said Magistrate Flammer. III one mas q,
| room at the hotel he is certainly guest OF tne
| house and can have any thing TO drink ne wants
served in his room. He need not order anythhS
m eat AT all under those conditions. He also has
right 70 have drinks served with a meal Tne ohy'
! question in this case is. What is a meal! IL IS
| NOT so much what was served the intention OK,
| the man serving the meal. Crackers and cheese
! might we'll be a meal some men. IL the meal
| vas merely served as a sub,erfuse for selling .
| drink II Is one thing II II was served as bona
| hde meal II is quite another"
| Then said Mr.. Tanning, III there was an
| honest service OF a meal. the law was not ''o'
| lated?' -. ,,,s,ro,a
Tn 10 this time everything looked towari an ac-
auittal. Then Mr.. Oliver said; Wen snow f1us Tus
Honor that our client perfectly honest mo
easiest way to settle this thing is 10 call the pris-
Mr. Tanning gave tug at divers coat-taiis.
but IL was 20 late Sinot weary, perhaps, ol enS
| oblivion in which he had remained. rushed iorwato
and stood ready testify. Almost the hrst ques..
tion asked fioored him and ended the case ne s'l
that several other peop.e in the place were eatins
steaks and chops at the time Hulse was oehs
served. 49,.
Then" said Inspector Brooks. there were two
bills Of fare"
RUINcUS ADMISSION.
Slnot did not see the trap that was being ia'd ZOE
him. "Oh. yes sir" he said; two or three
And this cheap bill OF fare" continued the in-
spector quietly was that in use every day!
| "\o sir" said the witness. "only sometimes.
| when asked the Inspector. sterniy
"On-on-S Sundays" stammered the witness VINO
81 think that will do" said Magistrate Flammer.
| "I have heard all care 10 in this case Inc pris-
| oner is held In 800 bail for tria" l., c..
II the case goes against the hote! people IN Spe'
cia Sessions an appeal may be taken 10 the uen'
| eral Term.