The New York herald., 1921-03-29
CHANGE IN STATE
DRYLAW SOUGHT
TOHASTEN TRIALS
Miller Will Be Asked to
Permit Proceedings in
Special Sessions.
TO DRAW AMENDMENT
Swami Aids Delegated to
This Work in Confer
ence of Police.
ALL COPS DRY AGENTS
This Move Is Said to Have
Been Determined On to
Stop Booze Selling Here.
ALL COPS DRY AGENTS

As result of the conference held
yesterday in the Office OF Police Com
missioner Richard Z. Enright TO make
definite plans for the rigid enforce
ment of prohibition in this city by the
city and county authorities two Assist
to go to Albany to ask Gov. Miller to
amend the Mullan-Gage bills so as to
facilitate the handling of liquor cases
in the local courts.
The enforcement measures now
awaiting Gov. Miller's signature among
other things require that all cases
must upon sufficient evidence be taken
before a Grand Jury and tried in Cen
eral Sessions by a jury. The two AS
sistant District Attorneys, Harry An
derson OF Kings and Robert S. John
stone of New York. who were ap-
pointed to confer with Gov Miller
have drawn up proposed amendment
whereby such proceedings shall be
conducted in Special Sessions, which
would not require Grand Jury indict-
menus aHu jury uldlS.
The conference, which lasted two
hours, was attended by Commissioner
Enright, Corporation Counsel John p.
oBrien. District Attorneys Edward j.
Glennon of The Bronx: Dana b. Wal
lace of Queens Joseph Maloy OF Rich
mond and Assistant District Attorney
Joab Fl. Banton. representing District
Attorney Swami; Assistant District At
torneys Ralph Hemstreet and Harry
Anderson Of Kings.
While Police Commissioner Enright
would have nothing to say after tho
conference, it is understood the entire
police force will be called orr to make
the city bone dry as soon as Gov Miller
signs either the Mullan-Gage bills or
the proposed amendment, which II
granted Will consume considerab BILE time.
The Governor has planned to make the
laws effective during the present week
After the conference Mr. Banton ex-
planned the difficulties of bringing
prosecutions and obtaining convictions
for violation of the State prohlbitio
laws If Gov. Miller signs the enforce
ment bills as they stand. The process
OF presenting the evidence to a Grand
Jury in each case and bringing tho
prosecutions in General Sessions would
-
the District Attorney. clog the court
calendars and lead to confusion, In Mr.
Banton's opinion.
Il believe we could try twenty cases
In Special Sessions under the existing
criminal procedure as against a single
case in General Sessions under the pro-
posed enforcement act. which requires
indictment and trial by jury" said Mr.
Banton yesterday. THE machinery as
set up In the proposed enforcement act
might work out in counties where there
are no great cities. But 1t will be par
ticuiarly difficult to operate under .ts
provisions In New York city,
To hand up an Indictment for viola
ton Of the prohibition law. sixteen or
the twenty-threo men on Grand Jury
would be required TO vote in favor OF
the indictment. To obtain conviction
under the indictment the entire twelve
men on the petit jury would have to
agree on a verdict of guilty.
1t was pointed out yesterday that IL
those charged with violations were un-
able to obtain bail bonds in most cases
the jails would soon be crowded to
capacity. This is assuming there will
be vigorous attempt to enforce the
law.
Mr.. Banton believes an increase In
the number OF judges will be neces-
sary TO hear the cases that will be
brought as soon as the prohibition laws
are signed.