New-York tribune., 1912-02-25
SUBWAY GIVES UP 333
SMOKERS AND SP|TTERS
Health Department to Fix Day
Each Week for Raids
on Them.
MANY APPROVE ARRESTS
Paw Their Fines Readily-At-
tack on Police by Magistrate
Lacks sympathy of
Chief.

The crusade against subway smokers ano
spitters went rnerrily on yesterday. In the
tvcntv-four- hour warfare against TINS lorlh
Of public pest the sanitary squad OF the
BOARD of Health corralled just 23S men III
Manhattan and The BronX,and 100 in Brook
Ivn who were charged with violating the
ordinance against the public health, Some
of these men were forced TO pay fines OF y
each. hut the majority were let off with
batf that amount as the penalty for their
offence,
Magistrate Butts. sitting in the Nor
r,ssnia court. in The Bronx. who severely
rapned the police engaged in arresting
smokers and spitters on Friday, again up
braided the police yesterday for the same
reason.
.sTbe idea" he exclaimed "of assigning
great big husky looking policemen to sum
mon spitters and smokers to court, wniIe
all over The Bronx robbers, murderers ano
crooks of all descriptions are having
great time with no fear Of the police
Magistrate Butts said that while he
agreed with Magistrate McAdoo that the
law against these nuisances should be en-
forced. he also believed that common sense
should be used in the management OF the
police.
Health Commissioner Lederle and other
of,cisls Of the Department of Health took
direct issue with Magistrate Buttss stand
IN the matter, and said his statements were
ridiculous
Uses OF Sanitary Squad,
'-The sanitary squad Of the Department
of Health" said Commissioner Lederle mas
nothing 10 do with the arrest Of murderers
and burglars The department pays tn"
salsrv Of the men composing II, seventY-hFe
IN number and their duties are the en-
forcement Of the Sanitary Code"
otber officials said II Magistrate Butts
had looked into the matter he would not
have made such a foolish crack about
the conduct Of the high police officials IN
assigning many patromen TO hunt smokers
and sptters when they were urgently need
Cd elsewhere.
Its a rap at the Police Department
said one official, but certainly undeserVeu'
II does not seem possible that magistrate
should make such statement unless he was
entirely ignorant of the provision of the
charter empowering tho Department or
Health to maintain sanitary squad
Commissioner Iederle said that one day
every week in the future the raids would
he continued on the violators of the smok-
ing and splitting ordinance. Just what DAY
II would be the Commissioner would not
cav as II is the intention to swoop down
Unexpectedly. as was the case this week
Another to take issue with Magistrate
Butts on the question was Chief Magistrate
McAdoo. sitting in the Tombs court. In adj
dressing the fifty-two men summoned he
fore him by the members Of the sanitalT
SQUAD the magistrate said he had seen
something IN the newspapers yesterday
morning purporting to be q statement from
him regarding the arrests Of spitters and
smokers He said he had given out no
such statement, that his court was purely
judicial bench, not a forum for the eS-
potation of personal opinions, III consid-
cred or otherwise He said he heartily
dsapproved the practice of turning the
bench into a forum and that he heartily
approved Of the action of the police and
the Board Of Health
Magistrate Barlow. in the West Side
court, faced sixty-two violators of the law.
All but three pleaded guilty and paid their
fines. of from 81 10 g. Only one man got
of. his earnest denials of smoking being
so impressive that the magistrate dis
charged him.
Think Movement a Good One,
Magistrate Appleton. in the Yorkville
court, fined twenty-seven men 81 each for
smoking or splitting in the subway. All
paid their fines many saying they thor
oughly approved Of the crusade, although
they had been guilty themselves only
through carelessness.
Seventy-five smokers. who had been
caught in the subway on Friday night
were arraigned before Chief Magistrate
Kempner, in tho Adams street court.
Brooklyn. yesterday morning, and twenty
five more appeared in the Butler street
court before Magistrate Gesmar. In the
latter company was one splitter. Every one
took the result of Friday nights crusade
good naturedly and the magistrates smiled
as they fined the men 81 each. but at the
same time the culprts were given to un-
derstsnd that they had dsobeyed the law
and should take more care in the future.
1t was said that few Of the persons who
had been summoned had failed to appear
in court. One citizen was indignant
"The police might employ their time TO
better advantage than in arresting people
in the subway" he told Magistrate Kemp
ner.
IAN the laws must be enforced" replied
the court.
Smoking in the subway is likely TO cause
fire. and the pernicious habit, I'm violation
trate Geismar told the men who came be-
fore him