The New York herald., 1921-07-23
5ORST SAYS SALOON
WILL NEVER RETURN
Justice Asserts Public Sen
timent Is Against Re-
tail Liquor Sales.
FAVORS AN EXCISE TAX
Special Session Convinces
Him Worst of Law Break
ing Is Over.
SATISFIED WITH JURIES
To Recommend Three Extra
Courts to Care for Liquor
Prosecutions.
WITH JURIES

New York is a great cosmopolitan
city and the law never will make it
perfectly dry. but New York will never
again stand for the saloon" That
was the view expressed yesterday by
Justice Henry v. Borst as he ad-
journed sine die his special session of
the Supreme Court and prepared to re-.
turn to his regular duties in Ballston
Spa. Gov. Miller had sent him to try
issues arising under the enforcement
of the Mullan-Gage act. Though his
court has handled multitude of cases
and has obtained about 70 per cent OF
convictions, there remain still three
hundred untried liquor indictments.
I'm this great metropolitan COM
munity." said Justice Borst, "the time
will never come when there will not
be persons with the disposition and
the ingenuity to get liquor when they
want it. Some of the people, if they
can't buy strong drink will manufac-
ture it. But public sentiment against
the saloon-the retail store where
drunkenness may be purchased openly
is so well defined that the open sa-
loon already has been driven out and
the furtive saloon will have to follow
it. Public sentiment in New York
supports the law so far and no fur
ther."
Would Have Excise Tax.
Justice Borst said he would recon-
mend legislation providing for an excise
tax on places where legal beverages are
sold. Many former saloon keepers, he
said. are operating soft drink places.
They never take a chance them
selves" he said. but their walters, for
mer bartenders. run risks for them by
carrying in their pockets a small con-
tainer holding one or more drinks of
whiskey, which they sell to customers.
We may punish that waiter, but the
proprietor will prove his innocence
legally and hire another waiter.
'These soft drink places are charging
excessive prices. To assess a tax upon
them is the only way Of recovering part
at least Of the unjust profit for the
public.
II have found Manhattan juries con-
scientious In these two months. The
jurors may not approve of the law, but
as good citizens they have made their
verdicts conform to it. have been
asked IL / think fines without prison
sentences are effective. I do, for the
-
until they learned the punishment was
not to be prison sentence"
Justice Borst said he expected to rec
ommend that at least three special
courts be established in Manhattan
with additional District Attorneys as
sstants to take care of liquor prose-
cutions.
Hand In Rec0mm me N da tfons.
The special Grand Jury handed to JUS
tice Borst before he left the bench
long series of resolutions cmbodying
their recommendations for the handling
of liquor cases by the police. Among
the suggestions they made were these:
That where in formerly licensed
saloon an employee Is arrested the
police be instructed to obtain evidence
of the ownership of the place: that in
all such cases the police make a thor
ough search of the premises that where
alleged liquor Is classified as wine a
chemical analysis be submitted as part
OF the evidence.
In the Essex Market Police Court be-
fore Magistrate John Il. Mcclellan. De-
tectives Timothy O'Neil and Joseph
Miller of the Fifth street station ar
raigned nine men charged with dis
orderly conduct They liad found them,
the officers said. stupefed or nearly
stupefied sitting on benches in Cooper
Square. Near the benches lay discarded
bottles labelled "Denatured Alcohol"
This product. the detectives told the
magistrate. Is bought from paint shops
and other places in the neighborhood
at from 50 to 30 cents bottle. Dilut-
ing 1t with water from fountain near
the square, the purchasers thus con-
coct about twenty-five more or less
deadly drinks from the contents Of a
single bottle.
The nine were sentenced to five days
each in the city prison and this was
the Magistrates comment as he Inn
posed sentence: See what prohibition
has done--driven hard working. honest
men to drinking wood alcohol"
"Izzy" Einstein and his flying squad
ron descended upon Mariners Harbor.
Staten Island, yesterday and brought
back ten prisoners, alleged saloon pro-
prietors or bartendcrs. whom he turned
over to the United States marshal. The
raids were made in consequence OF
complaints received by United States
District Attorney Leroy w. Ross. "Izzy''
and his followers pretended they were
employees of Staten Island shipyards.
They wore oilstained clothing and
dirtied their faces. The disguise was
effective. despite the fact that 'Izzy''
was snapshottcd for newspaper pic
ture Thursday.