New-York tribune., 1902-01-24

Mayor Low yesterday returned an answer to
the letter which the Society for the Prevention of
Crime sent to him at the end of last week, urg-
ing him 20 secure the enforcement of the excise
law on Sundays. The Mayors letter is addressed
10 the Rev. DR.. Charles H. Parkhurst, president,
and T. D. Kenneson. secretary. OF the society.
and is follows:
Gentlemen: Your letter Of January II is at
hand. Brushing aside all minor questions. it
alleges, in effect. that no attempt has been made
since January 1 to enforce the excise law so far
as IL relates to Sunday selling il admits that the
law is quite unenforceable,' and yet 1t argues
tnat the foundations of civic morality threat
eped because IL is not enforced think it Will
clear the air If we try to arrive at some common
meaning for the word enforced" for. as you use
IT, you give the impression that the law is treat
ed by the administration dead letter. This
is very far from being the case. BY virtue Of
this law the public sale of liquor has been
stopped and peaceful and orderly Sunday has
been already more perfectly secured, since the
first Of January, judge from the public press,
than certainly at any time for four years past
Because however. 1t may have been possible, as
you imply. TO buy liquor in many saloons behind
closed doors on Sunday, II pleases you TO say,
in effect that the law is treated by the admins
tration as though it did not exist
Coming from any one less familiar with the
problem than yourselves this assumption would
suggest one Of the easy and sweeping differences
often made by those who speak without knowl-
edge Read, however, in the light Of the inter-
view of the honored president Of your society,"
which appeared on the Doth inst, it bears very
different aspect. In that interview Dr. Park
hurst said: 1T impresses me that the present
excise law will be exceedingly hard to enforce
Roosevelt bent all his wonderful energy TO at
tain this end, and we had three dry sundays as
2 result That does not seem TO predict success
for any effort the present administration may
make The whole police force was used In car
ryipg out Roosevelts del examination, and there
was practically open fieio for the perpetratlon
OF other crimes"
THE ROOSEVELT ENFORCEMENT.
xUta in
fIll control Of the situation, could only prevent
The result you complain Of tor three sundays.
though using the entire power OF the ponce force
for that object to the neglect OF all other laws.
should be slow rather than quick TO say or this
administration that 'the first two weeks or the
present regime have practically put the mayor
el+v in revolt against the legislature" because
the administration has treated the Excise law
as enc Of many laws which 1t is bound TO en-
force and has not neglected all other mandates
Of the legislature in order to look after this one
The fact is that the Excise law has been en-
forced up to the very limit Of what Is practlca-
bic with the means at command and, substan-
TALLY as well, l believe, as II was enforced py
Mr.. Roosevelt, unless you except the three sun
days on which DR.. Parkhurst says every other
law was disregarded in order the better to en-
force this
But yeu argue that the Excise law, being
law should be enforced TO the uttermost, come
what will, just because it is law That posi-
ton begs the very question which you yourselves
raise when you say that it is quite likely un-
enforcea bic" That question is whether the leg
isIature has not in fact enacted a law tnat con-
tains clauses which cannot be enferced IN the
city Of New-York. / asked the presiding lustce
of the Court Of Special Sessions e. few weeks ago
TO furnish me with a list Of mfsdemeanors as
defined by the legislature. He replied that ne
was 1,na HE 10 do so for il would take an able
lawyer three months to compile 1t Does any
body suppose that all of these penalties are en-
forced or that the administration is derellct be-
cause Il does not go out of its way to find out
what laws thus go by default?
The legislature has said that there shall De no
drinking on Sunday except in homes, in hotels
and in clubs but there must come time When
eYperience shall demonstrate in every locaIlty
whether this mandate can be literally executed
or NOT In my Judgment, our experience in
New-York upon this point is already ample.
In my letter accepting the various nomlna-
tions that were offered to me last autumn, L
said. in speaking Of the evils traceable TO these
clauses: 'AIl this would be bad enough II these
clauses accomplished their object or actually
preventing the sale Of liquor on sunday, out
they do not do even this 1t may be considered
certain after much experience, that in this
community these clauses Of the Excise law that
forbid the sale of liquor Sunday in saloons
are not competent TO accomplish more than TO
prevent the public sale Of liquor on that day:
they never have stopped, and they never can
stop, drinking on Sunday.
SPEAKS FROM EXPERIENCE.
ask you to consider that this conviction, on
my part. which was fairly stated to the citizens
when my canvass began, is the result of twenty
years of observation, four years Of which were
passed in the Mayors Office Of Brooklyn. I sub
nit therefore, that II is entitled TO some respect.
out not only by DR.. Parkhurst's interview, al
ready quoted, but also by the remarks Of Dis
trict Attorney Jerome at the Reform Club only
a few days ago. Speaking of this very law Mr..
Jerome is reported to have said:
At first did not see that in which the unen-
forceability consisted. l had read in the writ
ings OF those who were supposed to be learned
in political philosophy that certain classes of
laws could not be enforced unless they had pub
nc sentiment back of them. did not believe IL.
But there came a time when Roosevelt was
President OF the Police Board. when Goff was
presiding in Part / of General Sessions, and
When was In the Special Sessions, and we had
picturesque character then District At
torney whom we eliminate, and we got to-
gether and discussed il. And Golf thought and
Roosevelt thought and thought that there
q positive duty enjoined upon US 10 enforce this
law, and that the reason that IL could not be
enforced was because the authorities upon whom
tne responsibility devolved did not proceed ruth
lessly 10 enforce II. and we proceeded to do So
The saloons were paying So month for the
privilege Of opening Sunday and COM
fnenced our crusade. / sent a widow to the
penitentiary for three months because she sold