New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-06
UpHOLDS JEROME'S BILLS.
coTTRT DECIDES THAT CITY SHOULD
PAY FOR DRINKS BOUGHT
ErVIDENGtE
As EVIDENCE.

A decision handed down yesterday BY Justcs
Greenbaunn in the Supreme Court was regarded "a
the District Attorneys office as victory ior MI
Jerome in the dispute with Controller trout over
the payment of County Detective McLelians oiii
of s54 so for drinks Captain Foodys precinct on
four SUNDAYS in March Controller Grout, IL VIII De
remembered held up the bill on the ground tha' u
was not right to spend public money 70 tempt
saloonkeepers to sell liquor on Sunday. ana enus
violate the law and that the detectives could nave
obtained evidence of the Sunday violations without
drinking in the saloons Justice Green0aum holds
that the Controller should pay the BILL PROVIDED u
is reasonable bill
The functions of the Controller in auditing ex-
penses of the District Attorney. Justice Greenbaum
says are limited the passing on the reasonable
ness of the expenditures The District Attorhey
responsible for conducting prosecutions OK crimes
triable in the county. and rnust use his Judgment
as to what is necessary essential to the prosecG
ton. In the prosecution of police captain accused
neglect of duty. the decision declares II would
be a dangerous precedent to permit another ofncia
such as the Controller to override the Judgment or
the District Attorney 1t is not the province CT the
Controller TO act as an appellate tribunal and de-
eide what evidence the District Attorney requires In
a 1t Is for the District Attorney to decide II
the purchase of drinks shall be made to get the de-
sired evidence for the prosecution Another eo1ec-
ton of the Controller is disposed of as follows:
The Controller further objects to the use OK spe-
ca detectives. asserting that the District Attorney
peace Officers The faiiacy Of this argument must
be apparent when it appears that in the case under
consideration the evidence that was procured was
intended TO be used against member OF the police
force for neglect official duty. This was, there
fore, peculiarly in which it was proper to
employ others than the police OfhcerS IN securing
evidence. 1t would be situation Tor tne IN
teIIigent administration of the criminal law II the
DistTict Attorney were compelled to be limited TO
the services of the members of the police force IN
case involving the alleged nefhciency or corruplon
of that body. a.
With respect to the objection raised, that IL g
against public policy public moneys 10 induce
crime. it may be sufficient to say that the use OF
the public moneys in this in no wise appears
to have induced crime The testimony OF the
reator and his associates was designed 70 estaoIsn
the crime of police captain in falling to suppress
the unlawful sale of liquors The purchase OK
alcoholic beverages is not criminal act
District Attorney Jerome said last evening that ne
had not read the decision. Mr.. Cans, assistant.
informs me-" he said that the Controller must In
future only pass on the Teasonableness OF the Dls
presented This decision releases number or bills,
both in my department and in the Police Depart
ment. I understand. however, that the Controller
will make an appeal"