The New York herald., 1921-04-20
NO RUM WARRANTS
ON COPS GUESSES
Kings County Judges Rule
Searches Must Be Based
Only on Sworn Facts.
COUPLE LONG IN T0MBS
Unable to Get Bail, Their
Restaurant Business Is
Fast Going to Ruin.
VETERAN QUICKLY FREED
Constitutionality of Enforce
ment Law Is Raised by De-
murrer in Test Case.
COUPLE LONG IN TOMBS
VETERAN QUICKLY FREED

Applications for liquor search war
rants by members of the Police De-
partment must be accompanied by full
written details for believing the Null
lan-Gage prohibition laws are being
violated and in each case the Judge
will pass upon the question of whether
the facts constitute reasonable grounds
for the issuance of warrants.
That ruling was made yesterday by
County Judges Reuben l.. Haskell and
]. Grafton MacMahon. in Brooklyn,
in refusing TO issue search warrants
asked for BY Patrolman John Kessler
of the Tenth Inspection district, who
applied first to Judge MacMahon and
then TO Judge Haskell.
Magistrate O'Neil. sitting in the Flat
bush Court, ruled that bitters and SINH
lar drugs do not come within the juris-
diction OF the police in making arrests
for violation Of the state and Federal
dry laws. He warned the police that
such arrests and seizures were illegal.
Judge Uphoids Constitution.
In ruling on the question OF search
warrants, Judge MacMahon said:
"The greatest stretch that could be
given to the law is that which grants
permission 10 one person 70 search the
private premises OF another. Before a
warrant for such search can be issued
there must be substantial testimony and
evidence of the persons guilt OF the
crime that is alleged against him. The
Constitution, under which our country
has thrived and our citizens prospered
and lived happily. guarantees that meas
ure of protection.
'The exact reasons in detail for a
search warrant must be stated in the
affidavit accompanying the application.
Unless sucf reasons are stated Will not
sign any search warrants. Moreover.
this new enforcement act, as I read it
demands that such evidence must be
stated"
When the same application was pre-
sented to him, Judge Haskell said:
"You cannot on the mere statement
that you have reasonable grounds TO be-
lieve that certain person is violating
this enforcement act expect Judge to
issue a warrant that would allow you
to search the private premises OF such
q person"
Forty persons were arraigned yester-
day before Judge Mcintyre. sitting in
General Sessions. on indictments re-
turned by New York county Grand
Jury. charging them with violating the
Mullan-Gage law, and were held in
either $500 or $1,000 bail each.
Man and Wife Held I'm Prison.
Among the prisoners were Mr. and
Mrs. George Dolin. In whose small res
taurant at 507 East Seventy-third street
several bottles OF wine were found by
Detective Joseph Blaha on April 10.
Since then the couple have been locked
UP in the Tombs IN default of $500 bail.
They told Judge Mcintyre that they had
only 800 equity in the restaurant and
could not raise bail. and pleaded not
guilty TO the charge. The court ordered
the couple back TO Jail and requested the
District Attorneys Office to place them
on trial at the earliest possible date.
The Grand Jury refused to indict
Clarence Utter. until recently a patient
in the Fox Hills Hospital. where he
had been treated for tuberculosis con-
tracted in France He was arrested on
April BY Detective August r. Freitter.
who found a pint bottle OF whiskey In
the former soldiers hip pocket
Utter said physicians had told him
vhiskey taken In small quantities would
help him. and at the time OF his arrest
nc had taken drink out OF the flask
on the street while feeling faint. Judge
Mcintyre ordered Utter released.
Jacob Lasker, an attorney for Frank
Betrito and Louis Unterfred the first
two men to be indicted under the new
State enforcement laws. appeared before
Judge Mcintyre and attacked the consti-
tutionality OF the Mullan-Gage acts He
filed a demurrer. alleging that the law if
confiscatory, and Il VIII be argued April
cs. Mr. Lasker said that II Il was neces-
sary he would take the case TO the
United States Supreme Court.
Last night detectives raided the home
OF Henry Hale. who lives alone at i41l
Amsterdam avenue. where they seized a
copper still. two tubs OF mash and a bot
tie OF hooch. When taken 10 the 125tf
street police station Hale said:
''I want II understood that I am IL
years old and a great-great- grandson
Of the late Nathan Hale. even II / am a
carpenter. I am an old man and must
have stimulants, which put life into my
old bones. didn't see any harm in MAX
ing little liquor for my own personal
use. as most everybody else Is doing the
same"
FOR the frat time since the police
started enforcing prohibition In this city
a week ago last Thursday, captains and
lleutenants personally visited saloon,
md cafes throughout the city. accom-
panied by patrolmen on whose posts tho
alleged wet spots are located.