The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-15
POLICE NAY WALK RIGHT IN
COTRT SAYS INSPECTION or
LIQIOR PLACES rs Legal.
Justice kapper Denies injunction 20 Keep
Them Out sf Resort where Facilities
for Gambling We're Pound In an Iron
Haired Room Over the BaFroOm.


Justice Isaac r kApper in the Supreme
Court in Brooklyn Yesterday handed
down a decision denying the application
Of Andrew Mehler. proprietor OF the Far
RockAway Arms. Familiarity known as
the kulod.- az RockAway Beach.
an injunction restraining the police
from entering his premises. In a recent
raid by the police on Niehler's place
gambling apparatus was found in q large
room and a door overlooking the stairs
had a heavy grating. but no gambling
was in progress.
Justice KApper holds that the police
have a right to inspect premises whore
liquor h sold. not only the harroom but
other rooms. in order 90 So whether
any provision Of the liquor tar law. in
Guiding its anti-gambling section. Is
being violated. He says:
The plaintiff under hotel license car
ri~- on the business Of selling liquors in the
city OF New York in a building the second
floor Of which contains two rooms. all the
windows OF which appeared TO he guarded
by iron bars and exterior shutters that
were closed on each occasion that the police
visited the interior OF the promises or looked
al the same from the outside
Those two rooms we're fitted up with
tables and contained a safe. and upon the
ground floor Of the premises there was a
metal covered door leading to these two iron
barred rooms which Was kept locked and
which the plaintiff himself opened with a
key on the occasion OF the visits OF the
police
The plaintiff claims that he conducts a
lawabiding hotel and that no gambling or
illegal trAiic or conduct IL carried on or
L.
further claims that the police in their visits
are committing q Te-pas- and that they
already have had a sufficient and reaSona BILE
amount OF Inspection and that further
inspection constitutes sIch an annoyance
To amount 20 legal tre-pas- and OPP
preston.
Besides showing the general construction
~ the premises. a. before stated, the de-
PENDANTS olaim that men known TO the
police gamblers are seen IN and about
the plaintiffs hotel and that they suspect
that the premises are devoted to gambling
Plaintiff does not inform the Court To
what Uses such rooms are put and | am
at loss - imagine what a legitimAtsly
conducted hotel wants with them in their
present state of construction. A. nov
constructed the rooms are a fortress and
can he entered only by breaking in. aud
once in can no departed from only nv break
ing out II the proprietor desires 20 he
freed from police espionage he should alter
the Construction and equipment 80 a. to
remove suspicion. Ia say the least.
NV vieS - that u was the intention 81
the Legislaturelo confer on police Officers
In cities the right to go into and investigate
and inspect any portion Of the premises
where llquor II sold In order 10 ascertain
whether or not there are violations Of the
liquor TAX law. This right 81 entry and in
spertion i not confined to the room where
the sale OF liquors - actually carried on. bat
also to any other portion Of the premises IN
any way connected herewith so that n
may bs determined whether the act IN
anv Of itS inhihition~ lone OF which - gam
bling - being violated.
However onerouS ~ may appear that
the police shall come with frequency into
premises where tho liquor traffc - carried
on under a Claim OF the right OF inspNc I ion
10 determine violations Of the act. this u
one Of the burdens which the act infiicts
upon the holder Of the cert ilcate and sub
ject to whiCh he accepted IL and traric- In
liquors The State imposed its restrictions
and limitations upon him when he applied
for and obtained his liquor taN certificate
and he conducts his business subject TO the
conditions with which IN" state surrounded
his Use 90 it, license
Motion for an injunction denied with
SO costs