New-York tribune., 1921-05-23
New State Dry
Chief at Work
Il, City To-day
vudge Hart Faces Task Will,
His Force of Assistants
Cut Two-tllirds; Police
Criticized by Cuvillier
got,les lombard Station
Part of 5000 Lot Seized i'm
Raid Explode; Ex-Service
patrolmen Save Balance

fudge Harold l., Yart, OF Bingham
~ u, Y. will take charge of the Office
~ !; the Federal Prohibition Director for
ysw York State to-day. Though the
i,ssl staff of enforcement agents has
Ssen greatly reduced, because of the
isss Of funds, the police, according to
pojice Commissioner Enright, will see
! Il that the state prohibition law is
sgforced as far as it is within the
nowsr of the department.
Former Assemblyman Louis A. Cuvil-
FER Yesterday sent protest to Mavor
gvlan against the methods used bv the
poIee in enforcing the Mullan- Gage
aw. Numerous raids In enforcing this
s.ate act were reported yesterday.
Tudge Hart assumes the post OF Fed
srsl Prohibition Director at time
gbsn T00 enforcement EMPLOYEES
.broughout the country are on forty
6svs' vacation. 1t was predicted last
night that he would have plenty to oc-
raov him, with the regular force cut
down by two-thirds.
Dry Day Far Off, Says O'Connor
The size of the task has been pre-
sented in statement issued by
{9srles C. O'Connor upon retiring from
tbe position in which Judge Hart sue
eeeds him. Apparently sure that pro
hibition is 8 settled thing and that the
pablic does not want the old-fashioned
saloon, Mr.. O'Connor still makes it
clear that enforcement will REQUIRE
hard work for long time.
In his letter to Mayor Hylan. Mr..
Cavililer, who is an attorney with
Offices at 43 Cedar Street, takes excep-
ton to the methods used by Police
Commissioner Enright's men in enforc-
ing the state prohibition law. Mr.. Gu
yillier cites the case OF 8 Seventy-year-
old fruit peddler who was arrested last
week on charge of disorderly conduct
when he refused 20 permit one of Mr..
Enright's dry detectives to examine his
basket to discover whether or not it
contained alcoholic liquor.
Citing the decision handed down by
Inc Supreme Court on February % last
in the case of Lawrence Amos, plaintiff
IN error, VS.. United States, as analo-
gous, Mr.. Cuvillier says that such
searching without warrant is a direct
violation Of the Fourth and Fifth
amendments to the Constitution.
In his letter Mr.. Cpvillier writes:
81 desire to call your attention, re-
spectfully, to the illegal, unwarranted
and czarlike enforcement of the state
prohibition laws by your Police Com
missioner, Mr.. Enright.
Raiding Without Warrants
The Police Department, under his
direction, without any warrants OF
search and seizure as provided under
Section SOP, Sub division B, Chapter
l5S. Of the Laws OF 1921, makes raids
On former cafes, saloons and ether
Ylaces, jumping ever bars, knocking
down and assaulting employees and
patrons of the place, searching and
frissing them for evidence.
"0ne day last week a peddler, sew
enty years old, who had a basket of
fruit on an elevated station platform,
vas accosted by detective who stated
that he wanted to examine the contents
Of the basket. When the peddler re-
fused to permit him to do this he was
arrested. At the station house the bas-
ket was found to contain nothing but
iruit but, nevertheless, to protect the
officer who made this unlawful arrest, q
eharge was made against the peddler
for disorderly conduct for refusing to
obey the officers commands.
u called up the Police Commission
III OuI WAS COlQ LHaL he was not III.
spoke to Deputy Commissioner Leach,
and complained to him about the un-
lawful methods used by the Police De-
partment in searching and seizing
without warrant of judge or court,
and he Informed me that the Police
Department was doing this upon the
advice of Mr., O'Brien, the Corporation
Counsel. If Mr.. O'Brien gave this ad-
vice he is mistaken on the law"
Five thousand quarts OF whisky and
wines of an estimated value of $4,000
we're seized early yesterday in raid
on rooming house at 439 East 139th
Street, the Bronx. Twenty detectives
we're engaged in the raid and automo-
biles and patrol wagons were used to
cart away the liquid loot, which was
found under tables, under the floor and
IN closets and lockers.
John Scotti, a former policeman,
came to grief when the raid was made,
after repeated warnings, the police say.
Scotti was arrested on charges of vio-
lating the Mullan-Gage law and of
conducting a disorderly house. Lena
0osterer, eighteen years old, of Fifty
second Street and Third Avenue, was
arrested in the place.
The raid was directed by Inspector