May a Policeman Drink When on Duty?

Auckland Star, Volume XXI, Issue 4124, 22 September 1883, Page 4 (Supplement)

May a Policeman Drink When on Duty?

A couple of policy court incidents which occurred latterly in New York, suggest the question, "When Dogberries disagree, how is justice, even of the cheapest quality, io be had?" A number of liquor-sellers were brought before Mr .Justice Murray charged with selling beer ou Sundays. A constable furnished evidence that, in obedience to his .superior's orders, he had procured beer in their saloons on the Sabbath. Mr Justice Murray, however, laid down the law that, in virtue of the police rides, a constable is forbidden to drink whilst on duty ; consequently, tho officer who had given evidence had been guilty of a misdemeanour. The case was therefore dismissed, although, had the constable not taken a drink when on duty, he would have disobeyed orders, and been equally guilty of a misdemeanour. In another court, on the following day, another hatch of publicans were had up on a similar charge, evidence being brought forward by constables to prove the offence. In this instance the police officers had not violated the regulations by drinking whilst on duty. Tho presiding magistrate thereupon promptly laid down another variety of the law respecting the matter. Unless beer offered for sale had actually been tasted by tho officer giving evidence, the complaint could not be taken into consideration. The case was consequently dismissed. The conclusion naturally reached is that " what is deemed necessary proof in one Court is declared evidence of misdemeanour in another," this being a fresh instance of tho peculiar and extraordinary kind of law administered in American police courts.