New-York tribune., 1910-03-31
PRAISE EXCISE PLAN
EXPECT NO MORE
HIDE OPEN SUNDAYS.
Mayors Ne5c Policy Uorth a
Trial. Says Uhitmon-
Baker Calls 1t Fine.

ftH, DNVS ~ HitNUH
Baker Calls 1t Fine.
Mayor Gaynor's letter to Commissioner
Baker outlining a new policy with regard
TO the enforcement of the excise laws in
this city was the subject of much COM
ment yesterday among those directly in
terested i'm the problem. Most of these
men saw I'm the plan a decided step i'm
advance. though few would predict the
immediate approach of the millennium
as result. The Mayor himself. for in
stance. would not prophesy that next
Sunday would be dry" one. though he
gave il to be understood that those
/ liquor dealers who expected a wide
open" day would be sadly disappointed.
misrepresentation has arisen in some
quarters that under the new regime the
prosecution of complaints against excise
law violators i'm this city will to large
extent be up to the state Excise De-
partmcnt As the Excise Commissioner
has only fifteen special agents in this
city empowered To collect evidence and
present complaints to him, and as there
are several thousand establishments
here amenable 10 the law, the made
quacy of such an arrangement becomes
apparent AS matter of fact. it is ex-
pected that the activity Of the Excise
Department in New York City will be
no greater in this respect than il has
been.
Whitman on the Law.
The law provides that the Sheriff.
constables or police of any given town
or municipality shall collect evidence OF
violations and present ii directly to the
District Attorney. Evidence collected by
the special agents of the Excise Depart
ment must be presented first 10 the Ex-
else Commissioner i'm Albany and
through him to the District Attorney.
As District Attorney Whitman points
out.
1T must be remembered that the OBJ
tanning of evidence of violations of the
law, and, hence, the enforcement of the
law by the courts, rests primarily and
almost entirely upon the integrity and
efficiency of the Police Department even
under the scheme which the Mayor pro-
poses"
Asked whether he thought the Mayors
plan would decrease police graft. Mr.,
Whitman said:
That is a matter of opinion. The plan
proposed by Mayor CiayEor is proper
under the law and is worth a trial
only care 10 say that if any evidence of
graft by the police is presented 10 me
] shall act upon it as I would in the case
Of the violation of any other law"
The District Attorney said his office
would cordially cooperate with the
Mayor and the Police Commissioner in
the prosecutions of vioIators shown 10 be
such on the evidence presented by the
police
State Commissioner Approves.
Maynard y. Clement. State Excise
Commissioner. when seen at his office in
Albany said he found nothing TO crit
icise in the Mayors letter. He praised
those portions Of the letter denouncing
raids on saloons by detectives. and then
said.
What Mayor Gaynor says with regard
Ia the removal of screens and curtains
from the windows of saloons during pro-
hibited hours will, If followed out by the
police of the city-as / have no doubt il
will be so long as he is Mayor-do more
10 minimize excise violations and abuses
by local police officers than all that has
been previously attempted by them. This
supervision can be performed without
entering the place. or without creating
any opportunity for extortion or misuse
of his power by police officer"
Moses NJ Mckee. special deputy ex-
else commissioner i'm this city. pointed
out that although the special agents Of
his department could do little 10 remedy
conditions here because OF the smallness
os their number. they were more feared
than the police. since the liquor dealers
bond was forfeited and his license was
taken away IL their complaint was sus-
tanned The story of a former Harlem
saloonkeeper who forfeited his license on
the complaint of these special agents
amply corroborated the deputy commits
sioner's remarks.
And I never heard of any one fixing
any Of them. either" said this man yes
terday as he tended bar for another
man There We're fourteen OF them
signed the complaint against me. and not
one of them let ON who ne was when
they came i'm and bought liquor from
me on four successive Sundays"
Duties OF the Special Agent
But Frederick ". Stelle. counsellor for
the state Excise Department. said the
Mayor was in error in saying that the
excise law forbade "A special agent re-
vealiug his identity To a saloOnkeeper.
He doesn't disclose his identity be
cause Of the nature Of his office. that's
all" Mr.. SteIle went on. THE law de-
scribes him as a 'confidentiar agent Of
the Commissioner.
Another thing. 7. seems 20 me that
"a difficulty will arise when A warrant is
issued by "A magistrate on the affidavit
of one policeman. as the Mayor pro-
roses. and executed by another. This is
H. prevent the police from having any
personal relations with the defendant
But who will pick out the right defend
ant for the policeman who executes the
warrant? They will have To he John Doe