New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-15
MAYORS CURFEW ORDER
UPSET BY THE COURT
poIiCe Have No Right to Close
Places After ! O'Clock,
Justices Decide.
.CABARETS CAN CONTINUE
Hotel and Restaurant Keepers
Elated Owe Ruling, Even if
the Sale of Drinks Is
Still Barred.

4 new dance hit Broadway yesterday
ofternoon For real action it had the
,.neo and the turkey trot and all the
other new ones looking like the stately
measures OF an old-fashioned minuet.
The dancers were the restaurant men
who were celebrating the news that the
Court of Special Sessions had decided
Yesterday that Mayor Gaynor had no
light TO make them close their doors al
O'Clock.
The case in which this ruling was made
hv Justices O'Keeffe. Mark and Salmon.
was that Of Daniel +. Shea. of No. 751
Seventh avenue. who was arrested. with
his bartender. Jesse Clayton. last No
vemhcr. on a charge Of violating the eX-
rise law. Shea runs a saloon at that
address with cabaret insertion. The
charge was that he kept his place open
after o'clock and that twenty-five men
and fourteen women were found carous-
ing there after that hour.
Shea admitted that his place was open
and that the men and women were dane
ing. but he pleaded not guilty to viola
tor of the excise law on the ground that
no liquor was sold after closing time.
I-pon the failure of the police to produce
evidence that liquor was actually sold
after the closing hour. the case was dis
missed
The curfew order of the Mayor promul-
Gated April made no distinction between
selling liquor and merely keeping open.
but directed the police to drive out the
patrons and close at 1 o'clock the doors
Of al places where liquor was sold. II
was the opinion of the restaurant men
Yesterday that this decision would take
the sting out Of the curfew order 50 far
as dancing and eating. and even drinking
liquor sold before that hour, was con
cerned
Murray" said julius Keller. proprietor
Of Maxims. THE Mayor is reversed
again Yet this decision is right in ac-
cordance with his own while he was
Judge. But lac is good at apologizing. II
he doesn't look out, he will have TO apollo
gize 10 himself
This 1 o'clock curfew has knocked all
kinds of business in this town TO skies
and sevens. The electric light companies
have lost $500 a night; the taXicab COM
panies have had to lay off three hundred
men: over d hundred musicians have lest
their jobs; champagne sales have de-
creased 20 per cent, and the provision
business has suffered TO the same extent.
Am ] going to keep open after O'Clock
tonight? You just wait and see. The
cops have been coming into my place
every night at j O'Clock, but hardly eX-
pect they will tonight IL they don't
WHY. on with the dance
Having delivered himself Of this Grafton
Mr. Keller said that as an officer Of the
Restaurant owners Association he could
not say much yet but that the organiza-
ton would hold a meeting soon 10 decide
what was to be done. lie intimated that
he thought tile result of this meeting
would be a general agreement among the
proprietors 10 ignore the curfew order.
Thomas Healy president Of the asso-
citation. expressed delight as an individual
al the courts decision. but felt the re-
sponsjbilities Of his Office too much 10 say
what he thought the effect Of ii would
De or what action the restaurant men
would take.
Andre Bustanoby. whose place is in
West 39th street. was beaming with
i don't want TO crow" he said. but
I shall continue to observe the one O'Clock
closing order until l receive official notiii-
cation that it is recalled ! am here 10
obey the law. not to interpret it for my
self
When it comes TO enforcing the laws.
there never viii be a Mayor VINO can
satisfy every one. When it rains, some
laugh and others cry. II Providence can't
suit everybody. how can the Mayor
II am glad the court has ruled the way
itdid." said James Churchill, AT his place
in Broadway and 49th street. Il knew
that the police had no right under the
law 10 drive my patrons out. but | com
Piled to save my guests any needless
humiliation. But If the Mayor will only
see it the way the judges do. ii will
save the public from being roughhoused
the way they have been lately by the