New-York tribune., 1896-04-02
BAIL. OATHS AND FOOD.
AN OPINION FROM TIE ACTING CORPORATION
COUNSEL.

AN OPINION FROM TIE ACliNu NOhr
COUNSEL
William l.. Turner, as Acting Corporation Counsel.
Yesterday answered more questions asked by Chief
Of Police Conlin. relative 70 admitting 10 oaii per-
sons arrested for violations Of the Raines law The
Acting CORPORATION Counsel replied as follows:
The question suggested by your inquiry Is as 10
whether in view Of the provision requiring pan ~
the sum OF 81 O0 the provision OF the Code OF Crlinl,
nal Procedure Section j5i 10 which you REFER Is sun
in force
This section authorizes and requires any captain
or sergeant OF police or acting sergeant OF police. IN
any city village Of the State. 10 take bail tor ap
trate morning from any person arrested for
"A misicmeanor. between II O'Clock IN the morning.
and O'Clock the next morning, or Just az soon as the
lersOn offers himself as bail for the person or per
arrested" fixing the amount IN all cases Wnere s
am OF the opinion that the power vested IN the
officials named to admit 70 bail between me hours
stated persons charged with violations OF ;he pro-
yslons of the Rain.s bill as defined In Section "a.
continues and that bail may be taken as prescribed
above alluded TO, although the amount Is less than
sio,n Named in Section 81 OF the former act The
cases where magistrates issue warrants upon In
formation. and l. intended 20 fix the limit OF the BALL
which they may exact after examination As 10
the amount Of bail to be 4xacted In other cases. the
usual provisions Of law now in force apparently
govern
Mr. Turner further advises Chief Conlin that In
notifying the District Attorney OF violations OF the
law the police offlcer may make oath to his state
ment before any Police Commissioner. Superintend-
eni chief clerk or first deputy chief clerk OF the
Police Department. and also that Police Inspectors,
captains and sergeants may administer the oaths.
Mr. TlHner decides In the negative the query as
to whether. under Chapter ll2 OF the Laws OF 1885,
corporations. associations. copartnershps or per-
sons running a saloon. either under license here
tofore issued and now valid, under such certlf-
cate as Is provided for In the act, have the right
10 sell in such saloons foods Of any kind to be eaten
the premises.
The Acting Corporation Counsel adds:
Where In saloons in which restaurants are not
conducted an attempt Is made to continue the prac-
t,ce OF giving away food under the colorado pre-
tence that such food is being sold. when In fact IL
Is not. a Is at once presented which suggests
a violation of this provision
You also ask whether corporations, associations.
copartnerships persons (clubs) running a restau-
rant under a license heretofore issued and now
valid or under such tax certificate Is required
hy the Liquor Tax law for restaurants, have the
right 10 sell give away liquors on the premises.
except with bona-fide meals.
An examination of the statute falls > disclose
any prohibition now In force which pi vents the
sale or the giving away OF liquors by any other
persons enumerated who possess a license under
prior laws. who may hereafter obtain the neces-
sary tax certificate, on the premises used as res
taurants with without meals, except during pro-
cd hours