New-York tribune., 1902-03-09
SCARED CAPTAINS MAY ACT
HERLIHY DECISION EXPECTED TO
MAKE THEM ENFORCE EXCISE
TO-DAY.

There were indications yesterday OF a panic
among police captains and the liquor dealers on
account Of supposed preparations by District
Attorney Jerome to make good his threat 10 in
dict captains who allow the excise law 70 be
persistently violated in their precincts on Sun
day. 1t was known that MI Jerome had given
20 Police Commissioner Partridge list Of places
at which violations of the law had been OBJ
served by agents of societies interested in hav-
ing the Sunday laws enforced.
That the decision of the Court Of Appeals In
The case Of Captain Herlihy that captain could
be indicted for failure to enforce the law at
many places in his precinct, had placed an ad-
ditional weapon in the District Attorneys hands
was well recognized. All that was necessary
il was said, TO get list Of places In which
the law is disobeyed, with evidence Of viola
tions, and evidence that the captain Of the pre-
cinct had received complaints about the places.
and the captain could be indicted, convicted and
dismissed from the force in disgrace for neglect
of duty.
A sudden activity on the part of captains to
have the saloons closed on Sunday evi-
dent Some Of them il was said. had urged the
Liquor Dealers Association TO issue orders to
close all the saloons in the city to-day. Such
orders had gone out, it was declared and there
was reason to expect a dry Sunday to-day.
Some OF the liquor dealers. however. said they
had not received orders TO close. Keepers of
Raines law hotels said they would keep their
places open on Sunday, usual, but would in
sist on the purchase Of a sandwich with every
drink so as to conform TO the law. 1t is to be
expected. too, that many side doors Of saloons
viii be open TO known customers. although the
saioonkeepers may take the precaution OF hav-
ing sentinels at the doors to keep out persons
suspected of being spies
Commissioner Partridge said that there was
no truth in a report that he had been threatened
with indictment by Mr.. Jerome If the police
failed 10 keep the saloons closed on sunday
and that special orders had been sent out from
Police Headquarters for the closing OF the sa-
looms to-day. He said:
1 don't know Of any excise law that applies
TO any one Sunday. / not sending out or
ders applicable to special Sundays. l am not
sending out excise orders referring TO the fourth
. Sunday in Lent or the first Sunday preceding
Easter. / don't know of any laws that can
apply to special days nave LSsuea hP bSa
orders this story would indicate. nave
issued no excise orders as a fact for Tomorrow
The Commissioner was asked about the con-
ference which he had Friday with Corpora
ton Counsel Rives in regard to the treatment
of excise cases, after convictions had been OBJ
tained. The Commissioner replied that he had
simply tried 10 find out from the Corporation
Counsel what the law made the duty Of the po-
lice in regard 10 proceedings for the annulment
upon the State Excise Commissioner devolved
the duty OF having licenses revoked.
indications Of increased police activity in ex-
else cases were given yesterday morning by the
arraignment OF four prisoners at the West Side
Court. Michael Carson, liquor dealer, was
arrested at No. 623 Ninth-ave. for selling liquor
TO a detective who got into the place after
e. m He was held in $1,000 bail for exam
tnation The other three prisoners were John
T. Mcbride, who said he kept a hotel" at No.
$40 Eighth-ave.; George F. Dunn, his bartender.
and william H Davis his cook. Detective Cas-
sfdy declared that the hotel" was disorderly.
and the three men were held IN $1,000 bail each
for examination. II was said that Carson's and
McBride's places were on list Of places sent
TO Commissioner Partridge by District Attorney
Jerome.
Commissioner Partridge said yesterday that
he intended to keep Captain Sheehan in COM
nsnd OF the Tenderloin for the present, al
though the captain had asked 10 be transferred
TO another precinct.
''I didn't think II just to make the trans
fer" said the Commissioner, and so the cap
tain will remain in charge Of the precinct, for
the present at least He wanted to get nearer
his home I don't know anything definite about
his wanting to retire. He has been thirty-four
years in the department, and his request 70 be
transferred would indicate that he does not care
10 remain in active duty"
Your request 10 him to stay IN the precinct
would indicate that you are pleased with his
work there?"
Il have been pleased with his work in a way,
but my reason for asking him to stay is that 1
don't want to make any change there just at
present"