New-York tribune., 1901-12-26
ATTACK ON POLICY LAW
LAWYERS DECLARE THAT 1T Is UNCON-
STITUTIONAL-GODD AND
MOSS DEFEND IT.

An attack on the constitutionalty of the new
policy law was made yesterday in the Centre
ST court, before Magistrate Brann. by Cantweli
& Moore counsel for John ard Charles Wilson.
who were arrested Thursday by agents of
the Anti-Policy Society in a shop in Coenties
Slip If 1t should be esta blished that the law
is unconstitutional it would upset hundreds of
policy cases including that of al" Adams
Counsel for the Wilson's argued that the God
dard amendment to Section 344 of the Penal
Code was unconstitutional. This states that the
possession of any piece of writing number or
device policy slips. etc, generally used in the
game of policy. shall be presumptive evidence
of the violation of the provisions of the act re-
lating to policy playing. The amendment was
presented at the fnstigation of Captain T. Norton
Goddard who has been fighting policy playing
for many years and has succeeded in having
special acts relating to policy playing passed by
various legisa lures
"It is obvious" went on the lawyer, that this
amendment ought never to have been made IL
is clear that it throws the defendant the
burden of establishing his innocence Every
man is presumed to be innocent until he is
proved guilty and instead of defendant being
tried and proved guilty according to all law
this act makes 1t incumbent on him to establish
his innocence"
MAGISTRATE Brann and Mr.. Blaney, counsel for
the Anti-Policy Society. were astonished at this
attack The latter asked for an adjournment OF
vree, and the case went over until next
Wednesday.
When Frank Moss. of the Society for the
Prevention of Crime, was Informed of the attack
on the constitutionality of the law he SAID
The place to raise the question Of the consul
tutonality of any law is not in police cousI. Al
dence presented to him ana ~Pullsm ~ uiir W. he
law as he finds it. This much. however; may pe
said. that the old policy law; as SET Iorta IL, in
tions 344A and 34B, still stands: the amehdneht IN
erect only alters the rules of evidence, so tnat
even we're the new law decided to be uncohstltqLI,
tional convictions could be mad undeF t4e oiA
I do not think however, that the new law Is IN
constitutional There is another ia"m[iidb "m[i aIe5
stringent in It's provisions, an !-n;ar
been held to be perfectly const!tutlondI. - NJ IT,
the provisions of the milk law, if person pur
certain percentum Of cream the dealer car ne ar
rested and he is not allowed to present ~
showing that he sold the milk believing II 70 a[, co
have extracted the cream from the milh. anu yet
the dealer cannot offer that as an eHcuSt ,thir the
province of a ma gistrate to pass upon the con
stttutionaiity of any law. Many of them nave a
duty TO administer it they hnd H.
Captain Goddard was also seen. He was sur
nrfsed to learn that the question of the con-
stitutionaIitv of the Anti-Policy law had been
raised VIM" he said this law is merely the
burglars tools law. with the words burglars
tools changed to policy paraphernalta, and
have never heard that that law was uncon-
eti+utionsI 7 suppose that this is one Of Al
.dar,s's moves and that his money is back