New-York tribune., 1921-03-29
City Attorneys
Say State Dry
Bill Is Useless
County Prosecutors Hold
Conference With Enright:
Decide Limited Personnel
Prevents Enforcement
Will Urge Miller's Veto
Amendments to Simplify
Court Procedure To Be
\ Asked in Substitute Act

The Mullan-Gage prohibition enforce
ment bill passed by the State Legisla-
ture last week was declared to be i'm
possible to enforce in its present form
at conference yesterday of represent
atives of the five district attorneys
Offices of greater New York, Corpora
tion Counsel O'Brien and Police Com
missioner Enright. Following the con-
ference, which was held at the behest
of Commissioner Enright, the Governor
was asked to defer making the bill a
law until the conferees' objections
could be heard.
Although Commissioner Enright re-
fused information as to the action of
the conference, held in his Office at
Police Headquarters, district attorneys
or their assistants who attended made
it clear that the Mullan-Gage bill con-
tanned SO many Objectionable features
as virtually to nullify it. Besides Com
missioner Enright and the Corporation
Counsel those present at the conference
were District Attorney Wallace of
Queens, District Attorney Malloy of
Richmond, District Attorney Glennor of
the Bronx, Assistant District Attorneys
Hemstreet and Anderson, of Kings
Chief Assistant District Attorney Ban
ton and Assistant District Attorney
Johnstone, of Manhattan.
Force of Attorneys Too Small
The principal objection to the Bill,
which would make every police officer
in the state full-fedged prohibition
agent, was that the courts and the
Of g. to
called upon to perform work that it
would be impossible for them to do
with their present limited personnel
and procedure. First and second Of
tenders would Be tried in Special Ses-
sions court and third offender would
have toebe indicted by grand jury
and tried in General Sessions or the
county criminal court
The conferees decided that the only
way in. which this increase in court
and prosecuting personnel could be OBJ
waited would be through an amend
ment permitting the offenders to be
arraigned before a city magistrate and
tried in Special Sessions. Otherwise,
they agreed, the judicial machinery
would be hopelessly clogged, and the
result, so far as enforcement of the
law was concerned, negative one.
Assistant District Attorney Anderson,
of Kings, and Assistant District At
torney Johnstone, of Manhattan, were
appointed at the conference to draw up
the desired amendment and submit it
at another conference, which will be
called by Commissioner Enright for
tomorrow or Thursday.
Thousand Cases Now Pending
About 1000 cases of violation of the
Eighteenth Amendment arc said to be
pending in the Federal courts of the
| city, and this fact was pointed to as
evidence that the enactment of the
Mullan-Gage enforcement bill would
clutter up the dockets of the state
courts in similar fashion, only to a
greater extent, provided every police
man did his duty. The average patrol
man is said not to be in sympathy with
such program of enforcement.
spokesman for the conferees, said the
bill would have to be redrawn and
repassed by the Legislature.
Assuming" he said, "that the end
is real enforcement, such delay would
J provisions of which would nullify its
purpose"
Chief Magistrate William McAdoo
will be invited to attend the next con-
ference. The conferees did not com
municate direct with Governor Miller
| following the session, but got in touch
with w. Ward Smith, his secretary
over the telephone in regard to delay.
| ing his signature to the bill. The Gov
ernor's secretary replied that he would
advise the Governor of the conferences
desires and that date would be set
| for q tearinp