New-York tribune., 1921-06-29
Order to Enright Accepts
Ruling of Newton, Made
Weeks Ago, That Search
Warrant Is Necessary
Move Believed Made
AT lamlllany Behest
Homes, Autos and Hips
Must Not Be Inspected,
Says O'Brien in Opinion

Virtual suspension of the activities 9
of the Police Department in enforcing
Federal prohibition resulted from an
order issued by Mayoy Hylan yesterday
to Police Commissioner Enright.
Basing his order oman opinion from
Corporation Counsel John P. O'Brien
as to the scope, of the state enforce
ment act, known as the Mullan- Gage
law, the Mayor directed that hereafter
the Police Commissioner shall not in
stitute any search for liquor or beer
without first procuring a search war
rant. Private dwellings, apartments,
premises of any kind, persons, their
baggage, packages, effects, hip pock-
cts or automobiles are thus held by tn e
Mayor to be immune from search un-
less sanctioned by warrant.
The Mayors order is construed as q
notice to the police to cease interfering
with illegal traffic in liquor. The i'm
mediate effect is expected to be an in
crease in the number of places where
of less timidity on the part Of those
who sell them.
1t was even said that it is possible
under the Mayors order for saloons to
resume business openly and to claim
immunity until they have been served
with a search warrant
"The lid is off" was the way the
Mayors move was interpreted in some
quarters.
Corporation Counsel's Opinion
Mr.. O'Brien held that neither the
Federal nor the state constitutions
permitted search without warrant, ex-
cept in certain cases, and that it is
not in the power of the Mullan- Gage
law to evade those provisions He
contended that in the case of enforc-
ing prohibition policeman is justified
IN conducting a search without war
rant only when a crime is committed
in the officers presence, as, for in
stance, the purchase of and payment
for a bottle of whisky or when a fell
ony has been committed.
The Mayors order to Commits sioner
Enright says:
ain accordance with the advice Of
the Corporation Counsel, in the future,
unless there has first been a search,
warrant issued or there has first been
a lawful arrest, the police should not
be permitted to search private dwell
ings, apartments, premises. persons,
their bags, effects or automobiles, in
an attempt to enforce the Mullan-
Gage law
AS the Federal authorities have an
inadequate force with which
to run down volators of the Eighteenth
amendment, the Mayors curtailment
OF police activity, it was said yester
day, practically leaves the city with
out any enforcement The Mullan-
Gage law was passed by the last Legis-
iature to give support to the Federal
government. 1t provided that the city's
entire police force should aid in the
search for violators
rs Federal Agents Available
At the Office of Ernest S. Langley.
chief Federal enforcement agent it was
said that only twenty-five agents are
available to take care Of all of greater
down from 166 to 80 because of lack of
appropriation, but since then the num-
Der of agents has been increased to
forty for the whole state, the greater
of whom however, are used
in the city.
Friends of prohibition see in the
Mayors order a political move taken
at the behest Of Tammany Hall. They
contend that the Mayor has been ad-
vised that relaxing of the police ac-
tivity toward prohibition, under the
guise of protecting constitutional
rights and an attempt to throw dis
credit on a state law sponsored by
Governor Miller, would create delight
in the camps of Tammany followers.
Previously demand that the city ad
carry out the provisions
of the enforcement, act was met with
an answer that not enough police were
available. Commissioner Enright sew
eral months ago asked that he be given
at least one thousand more patrolmen
to do prohibition work. His request,
however, was not granted.
The Mayor initiated yesterdays or
der by putting this question to Mr..
O'Brien for legal opinion:
"Have the police the right, under the
Mullan- Gage act, to search premises,
persons, their bags, packages or auto
mobiles without search warrant"
Lawful Arrest Held Necessary
Mr.. O'Brien, after reviewing the act,
said:
Il am constrained, therefore, to an
swer the question submitted by you in
the negative, and to advise you that the
police are not invested by the Mullan-
(Contnued on page FOUR