New-York tribune., 1902-02-16
0DELL PROMISES ACTION
EXCISE DEPARTMENT WILL
MEET PiRKHCRST AT ONCE.
JEROME AND PARTRIDGE REQUESTED
TO TAKE IMMEDIATE ACTION
AGAINST DERELICT HOTELS.
Icy TELEGRAPH TO THE TRIBUNE ]

Albany. Feb 15--Governor Odell to-day an
.zs-.d the letter of Or. Parkhurst dated Febru-
IS il which complaint was made that certain
p.ines laV hotels in New York are being mis-
coniuctea
The Governor promises Dr. Pnrkhur-t Inn
.diate conference with the State Depart
nsut of Excise. and informs him that he ha.
sTised District Attorney jerome and Police
Commissioner Partridge of DR. ParI<hurst'.
eommunicr tton. and requested them take
urh action the law md the facts may
uarrsH-
governor Oden said in part:
N reply 70 your communication I desire TO
state that in the absence Of proof Of any Of the
etstemeurs submitted for my consideration and
m the absence Of an agreed definition of what
CONSTITUTES "Raines hotel I may assume from
the context Of your letter that what you term
: -Rainss hotei' is hotel where liquor is
t1orized 70 be sold. and that your complaint ex-
tends criminal practices which you aege
eTist q such places in the borouEhs Of Man
haitian and The Bronx
ia crime is committed anywhere in this state
q is the duty of the duly constituted criminal
authorities If such locality TO detect same and
punish the guilty. The police authorities COM
mitting uagistrat tes, sheriffs and district at
+ornevs comprise such local and criminal au-
charities for the detection and punishment of
rrme # your society has proof Of the commits
sion Of any crime. il should submit the to
the District Attorney of the county Of New
York that he may present the san to the
grand jury for Indictment Of the accused or
present the same for trial before the Court of
Special Sessions. If the law and the facts will
There IS no escape from the conclusions of the
Court Of Appeals in People eX rel. Gardiner
SjreryiSors I3f NeN-York J. respecting the
5,fies of District Attorney. namely that such
officer Is the public prosecutor Of his county;
thar "the responsibility is upon him to conduct
sn prosecutions from crime triable in his coun-
ry'. that he IS the only officer charged with
such duty" and his duties limited to
the issuance Of subpdenas and attendance upon
the grand jury. but the whole subject OF inquiry
into the commission OF crime in his county is
properly within the official duty with which he
IS charged And when he IS advised that Grim
inal offence has been committed there the duty
n prosecute the offender is with him. and il Is
ui+ti1 his rovvar 10 use such means as are
legitimate and necessary for the purpose.
POLICE MAY BE USED
Tn the discharge of this particular duty he
may utilize the services of the police and Grim
inal authorities of the county. and. in certain
emergencies. appeal 10 the Executive of the
State where the circumstances may warrant.
This duty is the same whether the crime alleged
he a violation Of the liquor tax law or the vio-
lation OF any other criminal law provided for the
security Of the individual and society. All crimes
come under one category. and there is provided
but one method. and ,ne method only, in the en-
tire State for the detection and punishment.
II z person holding liquor tax certificate is
found guilty of the crime Of violating the liquor
tax law the conviction works a forfeiture OF
the certificate. This Is one of the methods pro-
vfied in the statute for enforcing the liquor
tax law and there are several thousand po-
licemen I'm New-York County a Sheriff and a
District Attorney and assistants charged with
the duty Of enforcing the criminal laws in that
county, II would seem that they constitute a suf-
fcient body for that purpose
The Governor here rehearses the require
ments Of the Raines excise law and the ques-
tirs which every applicant for license must n
swer. and continues:
any hotel keeper has falsely sworn to his
sppica statement in these particulars he is
guilty. of the crime of perjury. and IT is the
duty OF she District Attorney Of the county OF
New-YorK. upon proper complaint being made,
70 cause tie arrest OF any party guilty of such
crime. and secure his indictment and punish
In reference to the duties Of the State Com
missioner Of Excise in the premises, I desire to
have II clearly understood that the State De-
psrtrnent Of Excise is possessed Of only civil
functions.
MUST NOTIFY DISTRICT ATTORNEY.
The special agents OF the Department OF Ex-
cse must. when they become aware Of viola
tion Of the provisions of the liquor tax law, i'm
naediarely notify the District Attorney Of the
fact of such violation and IL shall be the duty
Of such officer when complaint on oath is made
of such violation. forthwith TO cause the arrest,
etc. Of the accused.
] desire to inform yOu 1nat the state De-
parfment of Excise viii confer with yOu nt
in reference to the institution of cnn-
collation. proceedings against the holders
of liquor certificates or the places men
toned in your communication to Special
COmmissioner Hillyard. and that If sufficient I
proof Is submitted for that purpose pro-
eeedines will he instituted by said depart
ment without delay to cancel the liquor tax
certificates in question
1 further desire to inform you that have
advised District Attorney jerome of New
York county and Police Commissioner Par
fridge Sev-York of the subject matter of
your communication. with n request to them
severaliy TO take such action in the premises
ms the law nnd facts may warrant.