New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-15
Plainly Says Rooms Must BE
Closed After ! O'Clock,
Declares GaynOr.
SCORES QUIBBLE ON WORD
Orgies, Drunkenness and
Shamelessness" Will Return
Unless Prosecutor Acts,
He Asserts.

When Mayor Gaynor learned that war
rants mad been issued for the arrest OF
policemen who had obeyed his O'Clock
closing rule at Healy's. he rushed 70
their defence with a typewriter state
ment He insinuated that the DISTRICT
Attorney was behind Healy's opposition
TO the police. This Is what he said:
He CMr. Whitman) has never informed
the Police Commissioner or the Mayor
that he disagreed with the Interpretation
of the liquor tax law, which has ALREADY
heretofore been accepted and acted on
throughout the state and has been up
held b. the courts. II he had done Sc
the police would have. followed his views
for il would be useless and impossible
for the police TO try and enforce any
law unless the District Attorney. who
is the sole prosecuting officer. would up
hold them and prosecute their cases In
court I am sorry that the District At
torney did not communicate his views
10 US instead OF taking an open part.
oy his presence. against the police.
The case is briefly this. namely: Sub
division G. OF Section 30 OF the liquor
tax law requires. in so many words
that all room or rooms where any
liquors are sold shall be closed and
locked at / o'clock at night and remain
so until O'Clock the next morning. and
that no one shall go in or out during that
time.
1T is the same as the English statute
under which they close al midnight IN
London. Liquors are sold in this dining
room at Healy's as elsewhere. They are
ordered. delivered and consumed there
and paid for there. That is certainly a
sale there. The provision OF the statute
which / have cited has therefore always
been understood to apply thereto
But | understand that the District At
torney is advising Healy TO resist on the
ground that the words room or rooms
In the statute must be whitfield down
from their plain meaning. 10 mean only
'barroom.' although in the statute Itself
in other places when 'barroom' is meant
that precise word is used. whereas the
provision which have quoted above from
the statute says every room in which
.iquor is sold. and rot merely the bar
room.
II the District Attorney is TO con-
tinue 10 uphold Healy. and will not prose-
cute him. OF course the police can do
nothing 10 uphold the law as IT reads.
The question will have TO 40 to the
courts. and. as usual. that means a long
delay for a final decision.
TO mitigate the provision Of the
statute which | have cited. the Legisla-
ture passed an act a few years ago per
hitting the Mayor 10 grant all night
licenses 70 such places. ! granted such
licenses quite freely in that part Of the
city where Healy's place is. But as all
the city knows many Of the places thus
licensed were turned into places OF all
night orgies. drunkenness and shameless
ness. I revoked the license. among them
being Healys The proprietors OF all
decent hotels approved my course. The
orgies were put an end 10. II now looks
as II they will be restored
II the statute al 20 closing relates only
10 the barroom the law as 70 tho sale
OF Uouor is no longer enforceable We
can't station policemen at the tables 10
see II wines and liquors are served. II
peopl. only want TO cat and not drink
liauor there are plenty Of places for them
10 go without going to places where
liquors are furnished.