The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-03-29
WOMEN MAY SMOKE
BAN ALL A MISTAKE
Sweeping Order Rescinded by
Enright as Mystery of Or
dinance Is Cleared.
CLERKS ERROR BLAMED
Veteran Employee Clips De-
feated Measure and
Promulgates 1t.
CLERKS ERROR BLAMED

The women OF New York-that is,
those of them who like 10 smoke
enjoyment last night in any hotel,
restaurant or other public place that
suited their fancy.
The police order of the night before,
which had all but knocked New York
for a goal. was based on an ordinance
which never had been enacted, never
had been signed by Mayor Hylan, and
which. even if it had been bona fide,
was not even properly certified to the
Police Commissioner.
The document on which Commits
sioner Enright acted was a copy of a
proposed ordinance which had been de-
feated Overwhelmingly weeks before
and had been sent to the Commits
the Board of Aldermen.
The first act of Commissioner En-
right yesterday morning was to re-
scind his order. Despite that there
were restaurants in New York which
by afternoon had not received word
of the resembling order and were ex-
hibiting newspaper clippings to their
women patrons as proof that it was
/ against the law for them to smoke.
II Cruise's Signature Lacking.
Commissioner Enrights second act
was to begin explaining good part
OF the day was spent by various Off
cials OF the Hylan administration ex-
4 planning how it sll happened. BY night
fall everything appeared pretty well ex-
planned away except one thing
How did Commissioner Enright hap
pen to issue his famous order on a docu-
ment that did not bear the signature OF
certifcation OF Michael J. Cruise. City
Clerk?
The form on which the Commissioner
received the Supposed ordinance had the
space provided for the City Clerks sig
nature, but there was no signature,
either by hand or rubber stamp. The
document was remarkable in one other
respect also. which failed to arouse the
interest of the Commissioner. That was
tie fact THAI the date of the supposed
approval by the Mayor was first
stamped on the paper as January rs.
That was cancelled by hand and the
date, March Il, was written in.
i No explanation could be obtained per-
sonally from the Commissioner regard
ing why he acted on n document which
did not bear the signature of the City
Clerk. The Commissioners secretary.
c. G. Young, would say only that "the
paper came to US through regular offi-
cial channels. and we always act on
those that come that way" He would
not cay whether II had been noticed that
the document was not certified or
whether the department was in habit
Of receiving and acting on uncertified
documents.
i "CIerk's once Responsible"
On the other hand. he referred to a
letter from Mr.. Cruise in which the lat
ter took the responsibility on the City
Clerks Office and declared the efforts Of
the newspapers to find out just why the
Commissioner acted on an uncertified
paper was an effort to shift the respon-
siblity and bring about a split between
the Police Department and the City
Clerks Office.
The Police Commissioner sent the
Ordinance" to Murray Hubert. Presi-
dent OF the Board of Aldermen and
Acting Mayor in the absence OF Mayor
Hylan who was in Chicago Mr.. HUI
bert exhibited the paper. showing that
the signature OF the City Clerk was
lacking lie said:
II cannot conceive of how action
could have been taken on that without
at least some inquiry to find out
whether everything was all right. IL !
had been Police Commissioner I GER
tainly would have found out why the
City's Clerks signature was missing be-
fore enforced such a drastic regulation
affecting the whole city as that did.
The fact that the date on which the
Mayor was supposed to have approved
the act had been changed should have
been sufficient to arrest his attention.
Even II the ordinance had been passed
and had been transmitted in perfectly
regular order think I should have con-
ferred with the Mayor before taking
such drastic step"
4 The only explanation OF his action
by Commissioner Enright follows:
THE smoking order has been rescind-
ed. The ordinance came with the Alder.
manic papers. IL Is now discovered
that the Mayors signature was not on
It. II is now rescinded. That is all /
have to say about II"
Mr. Young made public the letter OF
City Clerk Cruise TO the Commissioner
IL follows:
"on March 90, 1899. copy Of pro-
posed ordinance OF the Board OF Alder
men prohibiting any female from smok-
ing In public places was delivered 10
you. certified as being adopted by the
Board OF Aldermen and approved by His
Honor the Mayor.
This was an error OF ono OF the
attaches OF this office. The ordinance
Continued on Page Five.