New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-06
TO GIVE AID TO THE POLICE.
A CONFERENCE OVER THE ENFORCE
MENT OF THE EXCISE LAW.
THE CITY MAGISTRATES HAVE A TALK WITH
COMMISSIONERS ROOSEVELT AND PARKER
ACCOUNTS OF WHAT WAS sAID-"FAKE"
MEALS NOT TO RE ALLOWED TO
STAND IN THE WAY OF


STAND IN THE WAY OF
ENFORCEMENT.
Police Commissioners Roosevelt and Parker met
the City Magistrates last evening at the Jefferson
Market Court and they exchanged Views about
the enforcement OF the Excise law on Sundays.
The talk was informal. and the newspaper men
who were at the court were not permitted TO hear
II. After the discussion was over the Police Com
mlssioners gave account Of the proceedings.
while another account was given to the reporters
by City Magistrate Flammer The two accounts
OF the talk did not exactly agree but il plain
that the Magistrates were inclined to give all poe
sble aid to the police in the enforcement of the
Sunday law.
Mr. Roosevelt yesterday morning sent a letter
TO Magistrate Flammer. asking him to arrange a
meeting between the Magistrates and the Police
Commissioners for the purpose OF comforting to-
gether regarding the Excise law. He received
reply that there would be meeting of the Magis-
trates in the evening. Mr.. Flammer did not in
vte the Police Commissioners 10 be present at the
meeting or make any further comment upon Com
missioner Roosevelts letter.
All of the Magistrates present at their
formal meeting which was called after s
D. m. In the consutation-room at the Jefferson
Market Court They transacted some unimpor-
tant business and then. when Commissioners
Roosevelt and Parker made their appearance. Mr..
Roosevelt was asked If he had anything to say.
He made a short speech. In which he congratu-
lated the city on having such good set Of Magis-
trates. and then he said he had few matters
which he desired TO present TO the Magistrates
later, informally. His hint was taken. and the
Magistrates adjourned their open meeting.
A few minutes later the Magistrates and the
Commissioners went into one of the small rooms
Of the court building and talked there in secret
The talk lasted until after 10 p. IN. When the Po-
lice Commissioners emerged from the room Mr.
Roosevelt said TO the waiting reporters: I'VE had
a purely informal talk about the enforcement Of
the Sunday law. and while there was no attempt
at a formal agreement We exchanged views on
the subject fully. and We found that we were at
one Upon the main questions. After the talk
can say that the Commissioners do not need to
change any orders to the police regarding the en-
forcement OF the Excisc law on Sundays We
talked about the ordinary liquor-stores. and we
are agreed that the stores must be kept closed on
Sundays. As to the hotels they have the right
to sell liquors on Sundays with meals but the
meals must be bona fde meals-not a cracker SET
out subterfuge. In other words the meal
must be ordered as food. not for the sake of en-
titling man TO drink. Each case. however
will have to be decided on its own merits
Commissioner Parker said: The meaning OF
the words guest and meal as used In the
statutes discussed. and the Magistrates ana
Commissioners found themselves 10 be unani-
nous in the understanding that no fake meal
should stand in the way OF the operation or the
law. Necessarily. no general rule can be made
put each Magistrate must decide each case on
its own merits"
Mr. Flammer. who Is the president OF the
Board of Magistrates. remained to tell the re-
porters that the talk with the Commissioners
had been purely informal and that there had
been no attempt to reach an agreement on any
subject. He said I'VE talked all around the
subJect-that Is. some OF us did Mr.. Roosevelt
did good share of the talking Several OF the
course. there formal consent TO any
view. II would be highly improper for the Mag
istrates 10 agree in advance as TO their action
upon any subject to be brought before them
The functions Of the two officers OF the law.
the police and the Judges entirely distinct
and cannot be forced into one channel said
one Of the Magistrates yesterday. Il do not see
how could possibly tell beforehand how we
will decide a case. No two cases are exactly
alike and We must be governed solely by the
evidence. This the police are not always 50
careful about. They sometimes make arrests
where the evidence is slight. and sometimes
where there Is no evidence at all.
Hundreds Of policemen Will bring In prison
ers arrested for violating the Excise law. When
the evidence Is In We find that the man had his
door open and his bar exposed Now that is
no violation of the Excise la". A man may
keep his place open all day Sunday II he wants
TO- and how. | should Ike to know. can a man
hide bar? Now. the police say that Is viola
tion Of the Excise law. and II goes on their rec
ords as such. They FAY We made so many
Excise arrests last Sunday. but the Judges won't
work with us Very true. They made the
rests but they had no righ, to do so. The law
is very clear on the Excise question. and there
Is no reason why arrests should be made with
out the proper evidence being obtained"