New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-21


the way of convictions?
Race horses have not died out, so, pre-
sumably, the supply Of liquor will not either.
So much for that. AS to the enforcement of
Taxed in New York City as compared with
its rigid enforcement during last April and
May. This is because of the decision of tho
Corporation Counsel that mans pockets,
except when a search warrant has been issued.
To procure a search warrant there must be
some evidence presented tending to a reason
able belief upon the part of the Judge issuing
the warrant that there has been violation
Of the law. Otherwise, If every judge issued
search warrants at the mere request of de-
tective 1t would be only a question of time
when every house in the state would be en-
tered and searched by Jealous sieuths. Tho
decision of Corporation Counsel O'Brien has
given the highball devotee a cause to smile for
the first time in many arid weeks. He is now
fairly safe in laying in renewed stock from
his family bootlegger and when he goes on a
trip he may even take bottle in his handbag
or automobile. so long as it is concealed from
public gaze. For Mr.. O'Brien has officially
decided that no peace officer has the legal right
to search an automobile or demand the OPEN
ing Of handbag.
Before that decision not a cocktail was
safe. At the slightest suspicious indication.
or at none, the New York City policeman not
only could, but did, stop and search your auto
mobile or, if your grip looked heavy, de-
mand that it be opened for inspection forth
with. refusal to comply precipitated an ar
gument that led to the police station and the
entering of charge of disorderly conduct
anyway, and then, with the prisoner in cell
awaiting bondsman, the search was made.
If liquor was found, an additional charge was
promptly entered.
The detectives assigned to prohibition viola
tons did not enter private houses by force.
They visited suspected homes with the utmost
freedom, however, usually calling at an hour
when they were reasonably certain that the
male head of the family would be out
determined aspect and flashing of badges
were invariably sufficient to cow the women
and children into giving the desired perms-
sion to make a search, and then, if liquor
were discovered, no warrant was necessary.
Restaurants and saloons were visited almost
hourly and search made of the ground floors.
Being public resorts, it is understood that no
warrant is required, even now, to go through
them, but the saloonkeeper or restaurateur
who keeps and sells thirst-quenchers more
potent than those containing only one-half of
l per cent knows that this is so, and can
take precautions accordingly.
1t is evident, therefore, that already there
has been one decision Of value to the thirsty,
so it may be only question of comparatively
short time when the Mullan-Gage law has
been judiciousy interpreted to permit as wide
a latitude as has the Hart-Agnew law prohib-
iting gambling.
But the hootch-lover should not be too iubi-
liant. 1t will prove harder to crcumvent the
Mullan-Gage law than it was Section 1886. The
is that, in the case Of the suspected
bookmaker, the burden Of proof rests en-
trely upon the prosecution. The arresting
officers must prove, beyond a reasonable doubt.
that the defendant makes living by accepting
wagers and that he did accept wager in the
specific instance cited
But Chapter 155 of the Laws of 1921-in
other words, the Mullan-Gage measure-con-
tains paragraph that reverses the situation.
Instead of the prosecution having to prove
that the DEFENDANTS guilty, the defendant is
compelled to prove that he is innocent. Pre-
sumption of innocence until guilt is proved, a
legal adage supposed to extend back almost as
far as the law Of the Modes and Persians
doesn't Ego" in this csse. For the Mullan.
Gage law contains this nifty little trick pro-
vision, known as Section 1916:
"The possession of liquors by any person
not legally permitted under this article K
possess liquor shall be prma face evidence
that such liquor is kept for the purpose o,
beng sold, partereu, exchanged, given away