The evening world., 1912-12-10
CANPOSTP POLICE
IN A SUSPECTED
HOUSE, SAYS COURT
Waldo Upheld in Suit to With
draw Uniformed Man
From Regan's.
NEED NOT PROVE CRIME.
Reasonable Ground to Believe
Gambling Exists Is
Sufficient.
NEED NOT PROVE CRIME.

OupYeme Court Justice McCasi to-day
ADaded that Police Commissioner
Waido has an absolute right to station
valformed policemen IN any building or
yoaoe OF business where the Commits
s,oner has reasonable grounds to be-
nsvs that gambling is going on or will
ssatinue II the police Is removed.
The opinion Is sauareiy opposite to the
sDsrsonal liberty decision OF Mayor
0agnor. when Justice. II was the
opinion Of Justice Gaynor, which the
1t Herman Essential invoked when
Inspector Hayes posted men IN his
0annbiing house.
The case before Justice MCCALL was
a. Of William II. ReEan. who con-
ADets Q pool p@lor on Broadway be-
tween Forty-fiah ana Forty-sixth
O(essts. Evidence was obtained by de-
Noeetves that bcs we're made In the
paacs and information received over
SulAphone wires egard!ng horse races.
~. waldo statioied a uniformed police
0An In the place Oct. "a and has kept
I'm there since. Regain asked for q
witt of mandarin, directing the Com
mADsioner to remUe the policeman. on
the ground that he officers presence
was running his business.
JUSTICE UPH6LDs ACTION iF
EVEN SUSPICION EXISTS.
Commits sdoner Waldo said that the
only effective way 20 discourage ganb-
ling In the place VS. to keep the officer
there. Regain admitted that racetrack
Information may hve come over his
telephones, but declared that he was
unaware of II. and asked that a plain
clothes man be plsed there II It was
necessary TO keep policeman on the
premises.
Commenting OF tie case. Justice Nc
Cali said
"If there was or Guild be the slight
est doubt that the police authorities
were nc, citing In tie full performance
of official duties. orin recognition and
observance OF the cry strict obliRa-
lions that the law imposes upon them
TO guard against tie preparation OF
offenscs against the law or II these
acts were wilfully maliciously OPP
pressive, there Nigh be some justifca-
ton for the interpreting Of Q court of
equity.
But here is plao that Is operating
q portion OF a plac' under an excise
license and such plaes 1t Is the duty
Of the police to Inspect and keep under
inspection. 1t is chsged. and proof IL
offered to sustain tn. claim. and for .
court Of equity to 1tsrfere with It's
Vreat power against the performance
of the duties OF the properly consti-
tuted authorities VOID simply BE- cre-
ating a way urder thtprotection OF the
courts for uninterrupted indulgence in
these wrongful acts. and to such end
ehs relief sought sbuld never have
been invoked. much lss granted. Mo-
ton denied"
COURT ORDERS EVIDENCE IN
CASE sE.LEp.
b returning the paers to Clerk Cliff
ford Boese. the Court 1irected that GER
tain afidavits and otter pieces OF owl
dence be sealed. Mr. Boese said that
the Justice gave no Splanation OF his
order. which 10 seldoi made and then
only in cases of matrimonial actions. Il
\ understood that Cooperation Counsel
Nvatson's fears, expressed during the ar
Jument of the motion that certain pa
lsrs in tho suit Nigh be stolen. actu-
led the Court to seattle evidence.
1.-THE evidence withheld from the public
~ afiidavits made b, John F. Dwyer.
Nov. 20; Mamie X. iattery, Nov. Is;
William L. Denn!ce. ov. IS: Alfred T.
Wing, Nov. 16 and ohm F., Leonard,
NOV. 16 Exhibits A dips 30 to SD and
Exhibit B slips 81 TO b also are sealed.