The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-16
ODELL REPLIES TO PARKHURST
SAYS LOCAL AUTHORITIES MUST
ENFORCE RAINES Law.
Tho Excise Department. He Says Hal
Purely Cyf Functions. and II Is the
Business OF the District Attorney TO
FAKE charge OF All riminal Procedure.

Purely Ciyil Functions. and II IL the
Business OF the District Attorney 10
Take Charge OF All Criminal Procedure.
ALBANY Feb. i5.-Gov. Odell to-day
made public his answer TO the recent letter
from DR.. Parkhurst concerning the en-
forcement Of the saloon Sunday closing
law or legalizing their opening. The Gov
ernor repeats the charges made by Dr'
Parkhurst and then says:
In reply to your unication | desire
20 state that In the absence OF proof OF any
OF the statements submitted for my con-
alteration. and In absence OF an agreed de-
fnition Of what constitutes a -Raines hotel
may assume from the context OF your letter
that wha: you term a "Raines hotel Is a hotei
where llquor IL authorized TO be sold, ana
that your complaint extends TO criminal prac-
tices which you alleee exist at such places
in the boroughs Of Manhattan and The Bronx.
II a crime Is committed anywhere In this
State IL is the duty OF the duly constituted
criminal authorities OF such locality 10 detect
the same and punish the guilty. The police
authorities. committing Magistrates. sherlns
and District Attorneys comprise such local
criminal authorities for the detection ana
punishment OF crime. II your society has
proof Of the commission OF any crime IL should
subn,it the same 20 the District Attorney of
the county OF New York. that he may present
the same to the Grand Jury for indictment
OF the accused or present th' same for trial
before the Court of Special Sessions. &c. II
the Law and the facts will warrant.
There Is no escape from the conclusions OF
the Court OF Appeals in people ex rel Gardiner
VS.. Supervisors. i34 y. \. /, respecting the
duties OF a District Attorney. namely. that
such officer IL the public prosecutor OF his
county: that the responsibility l.. upon hun
70 conduct all prosecutions Tor crime triable
in his county" that he IA the only ,oHcer
| charged with such duty" and, his duties are
moi limited to the issuance OF supd-has ana
attendanCe upon the Grand Jury. but the
whole subject OF inquiry into the commission
OF GTal'G duty III A Sit SEHu Which be & charged
And when he Is advised That criminal
offence has been ConmiiSeG ,h'r%; ,hs and 10
within his power TO use such means as are
legitimate and necessary for the purpose.
Iu The discharge OF this public duty ne may
utilize the services of the police anu criminal
authorities OF the. county. ana IN ccsthln
emergencies appeal to the Executive OF the
State where the circumstanc"S may warrant
This duty j. the same whether the crime
alleged be a violation of the Liquor lax
law or the violation OF any other criminal
law provided for the security OF the indl-
yidual and society. All crimes come under
one category. and there is provided but
entire state for the detection ana puhI'h-
ment. u.. ,ouyo-
cate l. found guilty Of the crime OF violating
the Liquor Tax law The CONVICTION WORKS
"a forfeiture OF the tftlln'hNf !" " . ~
Of the methods produced in the statute Tor
enforcing the Liquor Tex law. and as there
are several thousand policemen IN New iorh
county. a Sheriff and District attorney ana
nssist ms. charged with the duty OF enforcing
tho criminal laws in that county, u would seem
that they constitute a sufficient BODY lot thd'
pTr'nndcr tho provisions Of the LIQUOR Tax
law it the duty o. tae S'thtnI monty Gn,onIs!
in"ted hv the State TO the fiscal officer Of
the locality, and the SPECIAL '"nuty ION,
Wv Wv Work city have paid upward OF s3s..
600 900 10 the Chamherloin Of the CITY OF
New York for and on account oi sag in p%o'o pHssct
in March, 1890 u Il ,frlr 70 presume That
the. Legislature Intended that a portion of
,.c,ior and punishment OF vioiators ol, SAID
law II il at least equitable TO rlhli, thit a
community rSGe, Ihnvl a n.e every rtTason"bls
eSnrt 10 compel an Observance TO ". pro-
visions Of the statute productive OF such
a T HTfSsnTrir 20 your complaint that a number
Of those pertons ;iSh mex Ssv " y taGoI have HI not
kaeTfnsrrtt the hotel Accommodations provided
in ths statute. | have this 10 say; -
The liquor Tay law provides IT, ,S distinct
ccertiNcntr. desiring 10. carry on tho tr1ffic
in liquors as : hotel k"GE oT sin,en G1S'T 9r
mnG"r cS ogt u cate ~ that he hotel in which The
trerac i'm liouors is TO be carried on CoAnIllcs
ordi,orces' rtlos and regulations relating
o., 90 botel, and hotel keepers. including all
laws, ordinances, rules and regulatiqis oI
tbe state or locality, pertaining 10 building,
ta md health department. in relation 10
hotels and hotel keepers. &c, IhlS arlrma-
ton on oath must be made In reply TO the
IN, III ui,c Questions. 10. IL ard Is. taken from
an application blank Tor d liquor TAX GER
''-.TmIeer, Does such a hotel conform to the
,ovs ordjnauCes, rules and regulations re-
iatine 10 hotels and hotcl keepers. including
~ Tho State or locality pertaining to he
building, Ere ard health. departments In
relation 10 hotel and motel F'eptIs.
"u7l Does such building contain NJ least
ton bedrooms above the basement, exclusive ]
OF those occupied by the family nnd Srrvants'
each room properly furnished 10 accoInmO-
date lod gers. ard separated by partitions
at least three inches thick; cNterdihg from
nr aces. 10 each room by a door opening
into a hallway. zach room having a window
or windows. op"ning upon a street or open
AZ least So square foot OF floor space. and
each having at least 900 cubic t"et OF space
square feet Of floor area, which is not a part
OF tho bsrroom. with tables ard having suita-
bic furnitnTe aCd aTcommoa@' oUm sr rSr the 4
same TIME. and n Kitchen ard accommcfa-
tions for cooking therein sufficient to pro-
'".us, Docs such hotel conform 20 all re-
abovo. except that tho number Of bedrooms
therein for guests il not less than six. and
IN" di-irg room has -oi les than $50 square
feet OF floor area, ard the Kitchen aCcommo-
dations are sufficient Tor ~ least zen guestsf
Tn r"frrc, Zach aUd - ~ p.r-nn M tho |
b1rughs " Manhattan and The Bronx claim !
Ing 10 carry on trHhic IN liquors n The Keeper
~ n hotel, must have declared H. ia" afirua- |
tive on oath IN repiv 10 tie afor, sald puc.,
lions other wi-n a liuuor tar certificate would |
have boon refused for that purpose All Of
such sworn applications IN the horoGsls " I
Manhattan and The Bronx are IN n" once
Of tho special Deputy Commissioner Of EK-
cise for said b~oroughs II any such hotel.
keeper has falsely sworn ~ his, application |
statement in these particulars, ne ~, guilty
OF the crime OF perjury, a. Wei. "a having /
violated the provisions OF tho LIQUOR Tax
law, and II is the duty Of the District Attorney |
Of the county OF New York upon proper com
plant being made TO cause the arrest Of any 4
party guilty Of such o crime and secure his
Indictment and punishment therefor.
In reference 20 the duties OF the state
commissioner Of Excise in the premises,