New-York tribune., 1900-03-17
BUSY SHIFTING THE BLAME.
POLICE SAY GARDINER ORDERED THE
MUSIC STOPPED IN RESPECTABLE RES
TAURANTs REF FORTS ABOUT
REMOVING DEvERY.

Such storm OF indignation has fallen upon the
police for stopping the music in respectable hotels
ard restaurants Wednesday night that they are
trying put the blame District Attorney
Gardiner by saying that he ordered them TO dc IL.
Gardiner has enough burdens of his own 70 bear
without that. II is true that he advised the police
to stop the I7usic in disrcputable places. and
thought them justified in doing by the Campbell
decision of the Court Of Special Sessions.
This decision was handed down Monday after
noon and within few hours Gardiner had sent
letter to Devery informing him of 1t and saying:
This decision. for which have been looking, in
terprets the greater New-York charter, and will be
important all 10 the police in closing disrep-
utable resorts True TO his Tammany training he
apparently nothing wrong in the police n
forcing that decision in certain and disre-
gardug it IN others. But Devery sought 20 put
Gardiner in hole by being perfectly impartial. for
once and enforcing IL upon good and bad alike.
The Magistrates however. have taken a different
view of the Campbell decision from that first
taken by Gardiner. and Magistrate Brann yester-
day said the decision of the Special Sessions Jus
tices in that in sense positive and
therefore not binding him. This decision. as
read by the Magistrate, is as follows:
In this case of Campbell We have given IT a,
careful attention as any case that has come
said pro and con. which has had nothing abso-
lStey to do, do with the ease We have considered
treat TINS case as we you'd If we were sitting
a reasonable doubt as To- the law our individuai n
opinions rather favor the view That the law Is in
guilty. On Wednesday (said the, Court addressing
ex-Judge Curtis. counsel for CampbelD you may
make a motion for a new trial, and in arrest FOR
Judgment present 10 US certificate of reasonable
can have the case reviewed. In view OF the de-
ri GI94 tak of the TT APpte GoT we We Iee1 that they
doubt OF the law. we are compelled to give II 70
a certificate ready and we will grant you a new
trial, 1t is cold. bald question of law as to the
is a doubt on the question Of law. Our duty is
the People.
Police Commissioners ordered him to carry out
Gardeners alleged instructions in all cases good
and bad alike, where music and the serving az
drinks drinks went on at the same time without concert
indication could be observed at Police HeadQuarters
position Chief because OF it, Devery's record I,
bad but that is no drawback seemingly in the eyes
of the Commissioners. If he Were retired apainsf
his will. he might make it hot for the Commission
likely retire willingly unless bought OF WITH tbs
promise OF sonnet hing as good; In that case his
much more dangerous man than Devery because
When President York of the Police Board wa,
asked YESTERDAY concerning the reported retirement
Chief Devery asked II he had any intention
OF applying for retirement but he had nothing 10
The Police Commissioners held another long ex-
eGutiye session yesterday afternoon. bur they de-
,, The % %propEietors OF the Waldorf-Astoria Hotel
thef hage e6RceT ePsa iE ts Police Board for renewal OF
Magistrs!s zsIsr il the Vest side Court
shsnsys h est % " who had been arrested on
without concert hall license In dong 20 al Mass.
trate Zeller said II have carefully looked this
lation OF either section OF the charter referred to in
she me In eomplainS T. j. McG9ire counsel FOR NJ
said in part: The music In this restaurant is In
Concert any more than an Exhibition ~ Dantnss
on the walls would constitute picture gallery.