New-York tribune., 1896-12-01
BATTLE ON THE EXCISE LAW
THE ASSISTANT DISTRICT -ATTORNEf
BEFORE THE RAINES COMMITTEE.


u,HIEs FROM coNvICTING- POLICE OF
FlcIAIs TO BE HEARD TO DAY
The Senate committee appointed to examine
into the workings OF the Raines law I'm tins city
began its work yesterday morning In tue "''''H
Of the Department OF Excise. At NO MadiSoh-a'''
IL Is for tn, purpose OF finding out TIE de'ec'S !"
the law that the investigation has b'en ot"'''u
Criticisms upon the measure by persons III"
officials well qualified TO give them Will he heard
and upon the suggestions made by them as 10 tue
hos. way TO amend the measure will be iorinu-
lated the modfca ations that will be Introduce" u!
senator Raines the coming session OF the i'es'S
lature ,
In addition TO Senator Ran,s. the committee IN
ciuics Senators John Ford. of N"w-fork: MNef
\ussbaum Of Albany: Samuel j. Foley. OF New
York and Frank W. Higgins. OF oean ne i"o'"-
ing session yesterday was devoted en'irey 10 P''-
liminarv business II taken mp with con
s,,I,,tion AZ TO the most fitting witnesses to caH
and the issuing OF subpocnas The committee zoos
not exnect To finish It's inquiries I'm less than
week To-day will probably be the most inter
.s,iry Of the series inasmuch chief coniin ana
Commissioner Roosevelt will give testimony
MR. BATTLE TEsTIFIEs.
Assstan, Distric,-Attorncy George Gordon BATH"
vas called Immediately upon the resumption oi 'h'
proceedings in the afternoon. In describing his
o,Tcial duties he said he attended the Grand jury
when that body was considering excise questions
He said re-, >,.ng ne procedure win excise '"S''
that there wa special excise bureau. when 'N-
anncd witnesses before the complaints w"r" iof-
mallv laid before the Grand Jury. He ~aS unable
TO say how many cases were presented to tho Grand
Jury In IN. last year of the old law. but. antci-
Ing that a similar inquiry would bc pui 20 him re-
gardlng the Eair"s Law. be brought w''h MN
statement showing the number % cases presented
from April last 20 November - According 20 THIS
statement .S3S complaints wrr" received between
those daies. OF his number 80 indictments were
found by the Grand Jury. i0ts complaints were
dismissed and - have not get been acted upon
As 10 the disposition Of the Indictments 2y2 were
tried and acquitted. and only Il convicted
80 defendants pleaded guilty: l. wcr" DIS
charged by the court. and ihcr" wer" 2i5 indrt-
mcnis pending The most general source ~ COM
plants of violation OF the excise law WIS through
afiidayits made by the police or citizens. which
were sent TO the Distric-Aitorn"y. In cases wher"
arrests made IN addition 20 the verified com
plants there also received the records of the
/ proceedings before the magistrate. I'm answer 10
Senator Raines the witness said that to the best
OF his judgment. no arrests were made In fully
two-thirds Of the complaints which were ncd.
Asked also what was tfe proportion ~ the indict-
ments compared with the number Of complaints
under the old law and the present statute Mr.
Battle stated that the proportion under the Kaincs
law considerably less He explained however.
that this arose because. under the Kaines law. tn"
District Attorney compelled TO send all COM
plants before the Grand jury even II dismissed
by the police magistrate
After Mr.. Battle had given more evidence as 10
the courses OF procedure adopted by the masis-
tratcs and the Grand Jury senator R,incs asked:
From your observation and from your experience.
would you judge tha; there H. anything In the mat
ter OF the penalties severity of the penalties.
near prescribed by this Jaw which has the "f-
feet OF inducing juri's TO acquit?'
M. Battle answered: Yes. in my opinion. the
increased penalties provided under This law have
deterrent effect upon juries In convcting
Q.--IIaye you examined the penalties under the
mcndation at this point? This t. exactly what ihe
committee wants 10 get AZ. They want to &c" the
best judgment " officials who have been connected
with the enforcement Of this law. and any sue-
gestions they have TO offer for tAe improvement of
| the law. A.-Well. as 10 spe lille recommendations
! 1t is impossible. for 20 give ans now can
only say at this point that If the penalties wrr"
less the Law could be more readily enforced.
Q.But there j. in the statute wide discretion
given to the magistrate 10 the PENALTY TO be in
nictcd In your opinion DO turicS think that the
iatr in conviciime? A."iindoubtedly tn, idea that
the maximum penalty might bc inflicted largely IN
nuenccs iuries In these cases
THE MEAL QUESTION.
As a result Of conversation between Senator
Raines and Mr. Battle the latter promised 10 con
slider this question Of penalties and 10 suggest Ger
tain desirabl" changes which would tend more to
the efficacy Of the provisions OF the law. Contnu-
ing his evidence. the witness said the most usual
class OF excise viola was Sunday selling The
subject quickly led the question OF the much
discussed sandwich. Mr.. Battle said that a, first
the sandwich was looked upon 10y the authorities
a. an eva sion Of the law. Whether the Police De-
parimcnt took u similar view he was unable 10
say bnf the result OF the decisions of the courts
upon the point such - TO discourage further
! action by the police. Mr.. Battle emphatic in
his opinion that "A more accurate definition of what
! constituted "A mca! and guest and just how the
clubs were affected by the provisions of the law
would be Of assistance in determining excise viola
lions and would result IN the law being more
stringently enforced than at present,
/ provisions under this act have tendency to
| increase The number of so-cacd hotels. and that
| Have your observations led you &c conclude that
such Is the case any great extent A-No. not to
the District Attorneys office only small proper
ion show That these PAGES are used as cisorderly
| houses.
oil these houses disordcrly they would
be punished under the present law. just as they
were under the old? A.-Yes. But II Is said 10y per
sons having To do with the enfofc. ment OF the
criminal law that il IL easier for proprietors Of
these houses 10 eVade the law and the police when
they run their places under the OF a hotel.
U-Were there such places before this law was
brought in' A.-yes such cases have been prose
cutcd from time immemoria
guest is afford more facilities for prosecution? A
OF course every amendment OF the law to in
crease It's sringency would Increase the restriction
of the liquor traffic
Q-Now. any one who drops into motel and or
dcrs sandwich and beer H. supposed TO be
guest? A,-lhe magistrates and the Grand Jury
have decided that they are guests II they have.
proprletors can 80 on selling AL nigh II they wish.
Senator Eaincs- Have yon formed any definite
opinion as 10 the sprcisi ',ason why par
of ten rooms and attempt 10 do business under the
hotel provlsionS? A i suppose it l. because Of the
greater privilege the hotels have over the sa-
looms under The present law
Q-Now under the old law II was not neces-
foT wa pace 9 Se hG D I ha,
saloons sold on Sunday.
Q.--And now under the present law, the saloon
iS A