New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-08
ENFORCING THE EXCISE LAW
PRESENT METHODS GIVE OFFENCE.

TIE MORAL STANDARDS OF THE CoA-
MuNrrY-A DANGER TO THE RE-
PUBLICAN PARTY.
ro the Editor Of The Tribune.
Sir: There Is one phase Of the present controversy
reSardng the alleged enforcement OF the Excise
law on Sundays which seems to have escaped your
attention in the extremely timely and able articles
on the subject which have appeared In your COL
u,nns and 1t is also not treated In the numerous
may l say too ACKNOWLEDGEMENTS. speeches..
orders and manifes;oes OF Commissioners Roosevelt.
Moreover the delegation Of German Americans who
appeared before Mayor Strong last Saturday seem
"a have overlooked the same point. and In doing
a. they failed. II not entirely misinformed,
20 represent the real sentiments OF the German
Americans and other lberal-mnded citizens OF
this city quite as seriously as did Messrs Schurz.
schwab and other signers OF the counter-declara-
t,on which appeared during the week
The point 10 which refer is that 1t Is not the
idea OF enforcing the law which gives onence' or
which possibly give offence. to law-abiong
citizen but the present method OF DOING so-a meth
cd which has been inherited from the days OF Tam
many corruption and blackmail. and which seems
~ have been accepted by the present Commission
without question.
According TO the newspaper accounts nearly all
complaints violation OF the Excise law on sun
sav are based upon the testimony OF pohcemah
,rho attlred in citizens Clothes. gains admission to
the barroom and. after entcing the barKceper 10
break the law by asking for drink ana onerns
the price arrests his victim and makes the COM
plaint I am told that in some cases me po''ee
men nrenares for a successful raid on Sunday by
drinking repea tedly during the week ana thus gam
ing the confidence OF the conndng proprietor 70
tina, he can be more readily admitted on Sunday
without being suspected Of being cop or spy.
In my opinion. and l am very rnuch MISTAKEN IL
II Is not shared by majority OF the citlzehs Oh
this city and the state WE'LL a law enforced IN
than
,acle OF Police Commissioner who poses as
champion OF law and order against overwhe'm-
ing odds" on the strength OF such methods OF en-
forcing the Excise law is little short OF being ride
ulous.
THE METHOD OF ENFORCEMENT
Laws. and especially criminal laws. are not ends
IN tremselves-they are means 10 the enc OF eie-
waiting the character OF The community ana o. eac"
Individual In it. When any law Is enforced IN
such \ manner that the method Of enforcement low
ers the mora, standard Of the community "oie
than the crime which the law was intended 10 pre-
vent or punish, such method of enforcement De-
comes in itself crime and. in the present instance
Is more detrim ntal TO the community oy Tar 'na'
O, increase OF drunkenness open sa.oons Inc
s,u-dv comu,on-sense of the Anglo-Saxon race mas
always abhorred spies and informers ana CONSIDERS
detectives only as necessary eVs III Is All 'e'' W..
70 ferret out murders conspiracles against the pun
lie veal. a forgery or embezzlement by defect
methods are applied to the enforcing OF simple
notice regulation. they become abhorrent 10 every
right-thinking in the community
The sale of liquors on Sundays, as distinguished
from their sale during the week, is not reSaroeu
bv any sensible man as evil in itself for 1t wou!d
be absurd 10 maintain that an act com'hi''eo pei
,,,ssihIv a moment before midnight becomes vicious
to minutes afterward. The prohibition is MADE
s,nn,v ne A matter OF police regulation. presuma-
bly, for the greatest good OF the greatest nu'noe''
although shall examine this claim presently.
Francis Lieber In his classical book on 'Pohucai
Ethics deyores considerable space TO olscuss'o"
~ the sny system and lays down the rule as I'M
questioned that with reference TO police reguIatiohs
the employment of spies or service as an i'iioi'e
Is infamous If II is answered that the law cannot
be enforced except BY recourse 10 huc" nie'''oO
the reply is conclusive that there Is no Jaw compei
,,rs a nolice,nan 10 adopt methods which In them-
selves are Infamous and ahhorrent TO the sense %
fsir NAV of the community and It behooves the
par,sans Of Sunday closing to apply to the Legs
lature for the passage of law when can De ell
forced without recourse 10 such means.
WIT would bo thought Of an order Of the Police
Commissioners deegatng an officer IN citzen
clothes to induce party OF riends 10 ihuuise III
a game Of baseball. in which he would act as eaten
or for one side for inning, only 10 pun III
the entire crowd a moment later or VINO wouid
encourage a friend to accompany him on fishing
excursion on Sunday only TO run him In 10 the
police station OF their return? To gain admissio"
70 a barroom under false pretences ana theh III
duce a poor devil OF barkeeper to break the Ia"
in order 10 increase the number or excise arrests
and TO give an enthusiastic official an opportunity
"a boast Of having given New-York an absolutely
dry Sunday" is in 10 way more commendao-e
than the cases referred TO.
COURSE FOR THE CITY MAGISTRATES.
No fault could be found with any City Magistrate
who would boldly take the position that a man mean
enough TO act spy and to induce another 10
break the law for the purpose OF arresthg h'4' 10
mean enough TO lie about II. and that without cor
roboratiye evidence the testimony OF ponce spies anu
informers should be ruled out and the prisoner
DISCHARGED in every instance sincerely nope mat
the new City Magistrates or some OF thei' may
take this courageous and Arm stand III the '.cieS'
not OF the saloons and not OF Tammany hah' ou'
OF respec, for law on the part OF the entire comnu-
nifty. -.
The most diffcult problem which the city OF New
York as municipality has 10 solve Is that OF 'mDn
ing the large number OF foreigners WIN lhe <'"e'
can spirit of liberty under the law. Inc "o's'
possible state of mind TO foster among 'hese peope
Is the feeling that the officers OF the law are not
,her friends but their enemies seeking 10 annoy
and persecute them In petty ways. II the la" u'-
msiakably required the police 10 take this cou'se
should consider II calamity and shonio aE'a,e
for the repeal mobilization OF the 'a"' p"' -
would have 10 be enforced. and all the replies 10
the Germans last Saturday both BY the Mayor ana
Commissioner Roosevelt. and in the various news
papers OF the city. would apply with fui iorce.
No sane man can seriously claim that an ohciai
sworn 70 obey the laws can deliberately seect some
laws to enforce and neglect others no matter Iow
vicious in his opinion the laws themselves may pc
but the converse Of this is also true. that no ON
cal sworn 10 OBEY the lawz has right TO se'ec'
any particular Jaw and TO enforce II by ine'hous
which ne would not dare 10 apply to DINERS Inc
Police Commissioner who should instruct detectives
70 decoy others into dsobsying the laws against
playing baseball or fishing or playing poker. TOT
the purpose OF arresting them, would be fo'cen 10
resign By the Irresistible pressure OF pablc op'h-
ion, ana that intelligent puoiic opih'oA
vii not sanction the same procedure as applied 10
th@ Excise law