The New York herald., 1921-04-16
City Laboratory Oyerwhelm-
ed With Evidence Against
Saloon Men. He Says.
BOARD REJECTS PLEA
District Attorney Also to
Demand Increase in Staff
OF Prosecutors.
POLICE GET SETBACK
lJustice Gayegan Refuses to Is
sue Search Warrant on
Hearsay Affidavit.

The State prohibition law is to be
enforced to the bitter end and Mayor
Hylan will swing the city's financial
resources back Of the police for that
purpose The District Attorney is no
less determined that the work of the
police shall receive proper support in
the courts, and it was predicted yes
terday the Mayor will throw what
ever financial support may be neces-
sary back of Mr.. Swanns office. re-
gardless Of late unpleasantnesses be-
tween the Mayor and the District At
torney.
That disquieting news to the thirsty
was broken at the Board of Estimate
meeting yesterday. when the Mayor
insisted upon an additional appropria-
ton Of $4,000 for the city laboratory,
which is swamped with samples of
evidence TO be analyzed. and Joab
H. Banton, acting District Attorney,
served notice on the board that he
will be at an early meeting to ask an
increase III MS SLdIl OI PROSECUTORS.
The police failed yesterday in their
first effort 10 obtain warrant to search
premises for liquor. but Justice Gavegan
from the Supreme Court bench made it
clear that when sufficient evidence from
which jurisdictional facts may be in
ferred" IS presented to the court the
police will not be handicapped by lack
,F
United Against Rum Sellers.
Thus. a review Of the days develop
power behind the police throne. the Dis
trict Attorney and the courts in solid
phalanx against John Barleycorn-all in
su. about as sad a day as j. b. has
experienced in his recent more or less
sad days
Because F. II. La Guardia. President
of the Board of Aldermen, and Henry
Smith. Deputy Comptroller. held the
view that the prohibition law Is fed
eral law and it is not incumbent upon
the city to make extra appropriations to
enforce it. regardless Of the State stat
ute, Mayor Hylan lost his fight for the
laboratory appropriation, but not for
long. He Immediately announced his
determination that the statute shall be
enforced and called n special meeting
OF the board for next Monday morning.
when a three-fourths majority will not
be necessary and the Tammany mem
bers can jam 1t through.
That the Mayors passion for air tight
enforcement is augmented BY a whole
some respect for the Governors power
TO remove city officials was revealed In
his following remarks to Deputy Comp
troller Smith in the board meeting:
The Comptroller knows very well
must make arrests. He knows also
that the police must present proper
evidence or the cases will be thrown
out OF court. In that event, there
are all sorts OF criticisms directed
against the police for not properly
presenting the cases. There have been
threats of the removal OF public Of
ficials for not enforcing the law. II
is our duty TO enforce the law as long
as Il is on the statute books"
All Want More Money.
Following the probable granting OF
the laboratory appropriation Monday.
the next enforcement appropriation %
receive attention is expected TO be the
request OF Commissioner Enright for
additional funds 10 hire more police
men to enforce the law. BY that time
District Attorney Banton is expected
10 have his request for an increase in
Mr.. Swanns staff before the board.
Up to yesterday there were sixty-four
indictments for liquor violations in Mr..
Swans office and twenty-three were
added yesterday The police during the
day filed eighty reports OF further vio-
lations and there were 400 previous re-
ports upon which no Grand Jury action
has been taken.
The requirements Of the law In cases
OF applications for search warrants we're
set forth by Justice Gavegan when he
denied the application Of Policeman
Julius Weinberg for warrant to search
certain premises where according 70
Weinberg. forty cases Of liquor was be-
ing kept by John Doc. who. 70 cover his
Illegal business. presented himself TO the
world as engaged in the clothing bust
ness Wenberg's application. alleging
information and belief" is the first of
its kind 10 be made b. a policeman
since the police began to enforce the
prohibition laws here.
In denying Il Justice Gavegan said
Weinberg had failed 70 state the nature
Of his information and the grounds OF
his belief
1T Is familiar rule that applica-
tions are not to be granted until the
court has been furnished with some
evidence from which iurlsdlctional
facts may be Inferred and bare state
The police continued their crusade
against alleged liquor sellers yesterday.
raidlng Ave saloons and restaurants on
the lower East Side and more .han
dozen In other PARTS of the city. Late
last night they went into the Hotel
Braddock In 3342 Eighth avenue. near
t2eth street. and seized la cases OF
whist-y. which they took 20 the East
A22d street police station. Walter
Jacobs of Isl wcst 1891 street. bar
tender. was arrested. but was released
on hs!i
Fred Saumeycr paper manufac-
turer or Chicago, was arrested last night
at the Strand Roof Garden, at Broadway
and Forty-seventh street. when. accord
ing 10 Detective Cannon ~ the Third
Inspection District, he poured q drink OF
whisksy from u bottle into glass.
Cannon conhscated the bottle and took
Saulmeyor to tile West Forty-seycnth
street station. where he was held IN $500
bail