New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-19
,r,,d to, that they have licenses, Al believe

oDo those places exist In the nrst inst s1,,ns
without having such licenses? A--"i'nou' ""'"'
o.-could they exist without having such lcen-
'c-What has been your observation Of the op s5,
alton and effect Of the liquor tax law Al" "'"'
on every respect as regards dives sns STsss
ING Shsr * fep pce open e places that shouldn't
to@what kind of placesT A-Drinkins places
you said something heTetOfoTe IN e rsa' What
was that statement in relation 10 statement
place an wis T S.SS to Aliens
place, Al said an effort had oeeh '""'e
cean Hl tu statement did you make with re sdn
to the Incorporation Of the pSSee 10 the incor
make any s'a rup think think said that would use
club Not that kind Of club law 9 lsnt no upon the
That Inc a sSS myself We stood out on that
Gaughter)
pAINEs LAW IMPERFECT1oNs.
o-so ,ha, the matter may be clearly understood
Won don't understand that the persons issu."s Sns
Raines law certificates have any oohsa'io" " Il,
-, the moral character of the persons VINO app'''
DO YOU? A-No: that. unfortunately. Is a !eaL ,
~ the law that Mr.. Mazet and pointed out
presented to the s,ands the Commissioner
Is bound by the statements made IN ' ives.
ton for the 'a no appliances at his command for the
investigation of the application heS A-Oh
whe,ber II is truly stated or not mas me- -
o-Has he? A1Yes. ves by inspectors
DO You not know It to be the rae, lI'a don't
power to do that has been io make inspections
Mr. Mossws get that stDS by Of bSs Thought
thai we might look into that feature S oa ssnnnucaon
The II S,e form the Commissioner Of Excise Is
reouired 10 take notice of II and issue forn the
s" Of Excise is bound take notice OF
II and issue certificate? Uncovered that the
neSi,,on has not been approved. or that the ps a
does rot comply with the law. or that tne ID" 20 he
+ ssns to vssste the certhSa? Ayes
Mr. MossMuch has been saiu aa aoG jntimated pre-
Vents The police officers from going inIV y, p'deS And
that be called G,0 olr %nSn keepers and such
,hincs n there has been msconception OF sn1S ~
gr1Vs'1n Oh INJUSTICE think that misconGeption
should be corrected because the readihs V hre has
is exceedingly plain. don't know ina, tnted If
heen such miscOncepton, as has oeeh seatv ras,s
there has been no misconceplioh, ot nronery en-
tJns he law on account of construction OF TINS
statue that fact should be made apparent
MR.. MOSS EXPLAINS THE AL
.seo,o, a--Duties Of Public officers in Relation
,o Copplaints and Prosecutions Under TINS Ac'
You will perceive. Mr. Chairman lha' al .l"s
IN hat section relates TO complaints ana proSeou
,ions under the Raines law. nothing else. IL mas
no,b,ng TO do with poolrooms. gambling OF as ~
thing Of that kind. II 1t had such pace bv az been
IA Mesi ro'i ~, ne chief of Police and Captain
Price 1T shall be the duty Of the speCia ~ ayeyv
County Treasurer. Sheriff. Deputy-shed,i de of
Officer constable. having nouce OF b, act 70 i'm
any violation OF the provisions OF TINS ac'' - the
medaieiy notify the District-AttorhSy stata
county in which such viSsC On sTcS Violation and
II sail be the duty of such DlstrlcI- iiotio3
when complaint on I& sa aSresf and attend the
arnino ion personally or by an ASSISTANT % 80.
neIson So Complained Of unless term OF court
poin.ed 10 DC held in such county "I,nin ,,ro, A.
,nvnev Of such verified complaint, or unless SUI
accused persons shall have been examiner uP 9a
,pe.son II shall he the duty of the District-Attor
ney 10 prepare and present TO the Gtanu yiolo
ZION I'm each case within his knowledge or reported
TO him pursuant to the proyions compant of any
reputable citizen. except said Dlstri ~
sEall Of Section b in the Court of spe-
c,aI Sessions having jurisdiction thereof anu tle
ssd anew o The provisions Of this act and for
each and every violation thereoi ~ , 70 ,bot
well to put the District-Attorney IN nina Vi '""'
SA officers authorized to make arrests IN any
under Section Of this act may in The perform
ance OF their dues'1that Is, me Tic ma prose
cnijon under this ac-"may enter upon any prem
ses where the traffic in liquors Is cSri time o When
such PREMISES are open.> except that places oceuI
p ror 70 the Ssd day Of March 1896 which traffic In
Rmoors sicily with the members thereof shall not
,sY and inspection is expressly authorized and
directed by the state commissioner Vi i'N0''' -
written instructions
PERMISSION CAN BE PROCURED.
The Chairman-Any officer under the SUPERVISION
of the Excise Inspector?
Mr. Moss-Any officer enforcing the provisions OF
the Excise law and going into the premises for the
purpose of examining them, when the doors are
closed and it is a membership corporation before ore
tney 20 Commssoner But surely the Excise Com
missioner has control over the execution oi ,ne
criminal law in reference to gambling OF nu'''''
or poolsellng. any other crime. ~, ,Aau
The Chairman don't understand that MI; A here
makes any such contention. lie has stated neIe
that under his direction Captain chapman went
Mr. Moss"But it is an unfortunate thing that 1t
should 90 out from portion Of this committee en-
gagged IN such public function as you are .. en-,
eaeed in that the Raines law, which Is binding
upon this community is something Denihu ~i ne
hide and behind which the police may hide when
they don't want to interfere with them ,o, ,o,a
Mr. Hoffman, want to say that 1t mas Deen hei9
by Mr. Justice Wentworth and 1t has been zen he en
BY other Police Magisrates that under taio pro
that corporation existing prior to the enaetme rn
Sibits the sale Of liquor on sunday and is allowed
10 sell liquors at any time Of the day or night
han that a Police Magistrate held that to be the
law in 1.-The Aliens case That was me evduenSg
read the testimony you win find it So II they are
mistaken as to the iaw' 'ha' Is '"e'' A"N'
that has gone out
POLICE USE 1T AS BLIND.
Mr. Moss-Now Mr.. Chairman. this is important
enough to stop a moment. for II goes 10 the very
root of the excuses often given for not enforcing
the law by policemen. The statement of Mr.. HON.
man is interesting. We have known that he said
that has been decided by Police Magistrates.
learn now what his authority is for the statement
II is the testimony Of Captain Sheehan. Captain
Sheehan testified nothing positively on that point
Mr. Clarke conducted the examination OF Captain
Sheehan and remembers-we rememDer-that Cap
tain Sheehan could not recall specific case or
specific thing. He had impression that some
oficer had come back and told him that he could
not accomplish q certain thing.
Mr.. Clarke-That he ought 10 have been shot
Mr. Horman-You call Judge Wentworth and ask
him. .,.--.,
Mr.. Moss-Then II Justice wentworth has so
ruled on this law. or any other City Magistrate,
he ought 10 understand that the police are using
that ruling as excuse for not going into places