New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-05
TO BE ENFORCED WITH RIGOR
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purpose of procuring such wines and liquors as
can under the statute be served to his guests:
a literal construction of the subdivision he
says. would nuliify the express exception as TO
hotels, for liquors must be kept somewhere. ana
Wherever kept, that room or place must DC
locked, and all entrances to l. closed
RIGHTS OF THE HOTELS
But he says that when the Legislature granted
the exception to propretors of hotels TO sell
liquors at hours when others are forbidden 10
do so. 1t must have meant the exception to be
substantiated and must have intended to per-
nit the proprietor of such hotel to do or cause
such things to be done as are necessary lor Ei'h
10 avail himself Of the exception.
The Corporation Counsel therefore says tna'
ne Is of the opinion that the proprietor OF d
hotel. for the purpose of carrying out MS outy
to his guests and availing himself or the eX-
cepton. can lawfully direct and permit ms ser T.,
wants to enter the barrOOms or other rooms III
which the wines and liquor; are Kept Tor me
sole purpose OF procuring such wines ana HquoIs
may be required serve his guests.
The Corporation Counsel. however. holds that
all screens must be removed from the door OF
the bar or the windows during the PROMPTED
hours and no person shall be allowed to enter
the except for liquors 10 be served 10 guests
Chief Coniin received the opinion of the Cor
poraton Counsel early in the afternoon ana ne
had a number of copies of ii made for dlstrlpu-
ton to the captains Late in the afternoon ne
called the captains to Headquarters ana de-
lvered TO them the copies OF the oplhloh' az lne
the law as ii was interpreted by the legal adj
wiser of the Department.
Amusement created in that part OF the
District Attorneys Office presided over by AS
sistant District-Attorney Henry w. tnSer when
a report received from the police OF the
Eizabeth-st. station about an alleged Vioia'ioh
Of the Raines Liquor Tax law.
The report was that at 2:3O O'Clock yesterday
morning Policeman John G. Deger OF the SKIN
Precinct. looked into the saloon OF Michaei
Callahan at No. SO Elm-st.. and saw Callahan
In company with one man and two women, VINO
remained inside until o'clock. One OF the
women took what appeared to be a bottle OF
wine from an iceboX. and all four then retired
to room. The report was sworn 10 before
Sergeant Robert Young.
Callahan is the ex-Assembyman. who lives at
No 80 Mott-st. and owns several saloons. He
has come in contact with the police on several
occasions AS the policeman did not see what
was in the bottle taken from the icebox Mr..
Unger thought there was no evidence in the re-
port that anything was drunk sold or gwen
away.
MAGISTRATE CORNELL PUZZLED.
Martha Smith and Pauline Klein two pretty
mattresses. Were sent to prison in default OF
1000 bail each yesterday charge of violat-
ing the Excise law at No. 30 First-st. Officers
McMullen and Foster. of the East Fifth-st. sta
ton. went to the place on Friday morning. The
officers ordered two drinks of whiskey. which
were served to them by orders of the proprietor.
Joseph Knchinchinsky. The police officers
placed the MATTRESSES and proprietor under ar
L
his called in the Essex Market Court
yesterday he failed to appear The sergeant at
the East Fifth-st. station accepted security for
$780, and II is said that charges VIII probably be
preferred against him under the Raines law, as
he had no authority TO accept bail.
Magistrate Cornell, in the Essex Market
Court. yesterday said that the Raines law had
tangled up every provision regarding liquor
selling. He said that at meeting of the Police
MAGISTRATES it was decd cid d that excise volatGTs
girls raised the point that If the Police Magis-
trates decided To apply the Raines law they had
no jurisdiction in trying excise violators. Under
the provisions Of the Raines law information Of
excise violations must be lodged with the Dis
trict-Attorney and the matter brought TO the
attention of the Grand Jury.
We'll. am puzzled" said Magistrate Cornell.
"but hold that police officer is compelled to
arrest any one he sees violating the law: He is
also compelled to arragn his prisoner before
Police Magistrate within twenty-four hours.
There is certainly conflict between the Raines
;law and the statutes now in effect
The two girls probably will have to remain in
Jail for weeks. and possibly months. before the
case is reached by the Grand Jury.
Joseph Burger. restaurant keeper. at No. 20
Avenue c, has twenty bakers whom he feeds reg
ularly every day. He has an excise license.
Yesterday morning Captain Copeland. Of the
Union Market police station. told him that under
the Raines law he must close his restaurant at
midnight. and keep II closed until tomorrow
morning.
That will ruin my business and take away all
my regular customers explained Burger
Il can't help that" said the captain. The only
thing know for you to do. is to go down - The
Excise Board and surrender your license.
Burgers license expires next October He
thought II would he pretty hard to give 1t up. hut
said that he willing 10 do 1t TO save his bust
He went to the Excise Commissioners.
who said they thought the captain was right I'M
der the law in ordering the place closed. but
. they doubtful If they could take back The
license. The referred to their C1un-
sell Julius NJ. Mayer. for an opinion, and later the
Board cancelled the license. but by the terms Of
the surrender Burger has relinquished all claims
10 a rebate. and will not get cent for the time
. for which his license to have In this
\ way he loses. approximately 500
AS TO THE FREE-LUNCH PROVISION.
Simeon Ford the secretary Of the Hotel 1850
citation Of this city, yesterday received the fol-
lowing opinion from W. j. Tanning. the assooia-
TONS attorney:
>. am Of opinion that the provision OF the Raines
bill prohibiting the giving away Of any food TO be
eaten the premises where liquor Is sold Is
sttutional 1t will be noted that this provision OF
the law. IL II be held TO be within the legislative
power to enact the same, renders II unlawfu for
10 any person under any circumstances at any time
whether such food be given away In the dining
room other part of the hotel so long as II is to
he eaten on the premises The word premises
any part OF the building it is unlawful TO give any
food TO be eaten on such premises
Had the act provided that no liquor should be sold
on premises where food was given away or sold.
of the Legislature to regulate and restrict the
traffic in liquors. but the provisions Of the Raines
hill as IL now stands. Is clearly not a regulation OF
or restriction upon the traffic In liquors but IS a
restriction upon the giving away Of food
In this particular the act departs from the course