The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-08-09
Acting Commissioner and In.
spector Dwyer Announce
Raiding VIII Continue.
MAYOR is THE BOSS.
Decision Doesn't Co." Says
Captain, Again Closing Up
Healy's Restaurant.

Il behooves ail-nighters to 90 .
little SLOW for the present on the
after.l-o'clock orders even for food.
Despite the decision Of the Justices
Of Special Sessions In the Healy case.
the wids-open season has not yet
ofncially been declared. and may not
be until after election. It 10 not set
tied yet. Meanwhile. the police are
standing pat ON their orders from
Mayor Gaynor through the Police
Commissioners. They Will continue 10
close up every restaurant in the city
.: o'clock. unless the proprietor can
show an all.night license.
Al the once Of Acting Police Com
missioner Mckay Il was announced to-
day that the department would ignore
the decision Of the Court Of Special ses-
sionl and no new orders would be
Issued to the police.
I'VE hold" Il was said. "thaf under
section %. paragraph q Of the State
Excise law. the police have authority
to enter any room where liquor II sold.
at any time. and eject the patrons At
their own discretion.
"There are two clauses of Restaurants,
according to the police view.
Those In which no liquor 10 sold.
Over these the police have no author
ity or Jurisdiction.
Those In which liquor 10 sold under
a license. and these the police have .
complete right to enter and enforce the
law as they understand It.
I'VE shall not =. .eal from the fn!ing
Of the Court Of Special Sessions. but
shall probably defend any adverse &C.
ton brought under that ruling"
Heaiy's place at slxty-sixch street
ana Columbus avenue was raided again
At i52 to-day. Acting Capt. Hart OF
the West sixty-eighth street station
took four men to Healy's. found the
front doors Of the restaurant wide open.
and half q dozen person consuming food.
He told these persons that they must
get up and Get out or he would Be COM
PEELED to put Them out.
COURT DECISION DOESN'T GO"
WITH POLICE.
Patrick Kyne. night manager Of the
restaurant. interposed that he was act
Ing under the Special Sessions decision.
which gave him the right to sell food
without liquor accompanimenp at all
hours. day or niEht
The police captain retorted that the
decision didn't 20" 20 far a. the police
are concerned. Tho place must close.
1t was closed. All except one Of the
guests got up. leaving unfinished meals
on the tables. and went out quietly.
One man made q show of resistance.
but he was persuaded without violence
to change his mind. His name was
not taken and no attempt was made to
arrest him.
Despite Justice zellers opinion. sx-
pressed yesterday. that Mayor Gaynor
10 . reasonable man. and never In
tended that the law should be inter-
| pretsd adversely to the sale Of food
| after lawful hours" no one appeared
| TO know to-day exactly to what point
the Mayors "reasonability" will carry
him. Tho only official expression thus
far representing the administration
has come from the police.
At the once OF Inspector Dwyer Of the
Fourth District. In which the Healy
arrest was made. q statement was made
a. coming from the Inspector. that the
police would continue to enforce the
law a. heretofore: IL Heaiey tried to
open UP again tonight after l o'clock
he would be closed up and maybe some
one would be arrested.
"MAYoR 10 OUR soss," 10 POLICE
| REToRT.
''Ths Mayor. through the Commits