The Portland daily press., 1895-10-17
GOT BACK THE LIQUOR.
Rienzi Bottling Co. Took Advantage
of TIE chnicali ty.

Judge Robins on Ordered the Libel
ouasbed, and 500 Worth of Liquor
Was Returned-It Will Be Shipped to
Boston-The Libel Was Fl led Too Late
September 2Sth the police seized at the
establishment of the Rienzi Bottling
Company at No sc Union street. 2700 bot
ties of beer. A half barrels of lager and
one barrel and IS quart bottles of whis-
key.
In the municipal court yesterday. before
Judge Robinson, Dennis A. Meaher,
ESQ, appeared in behalf of Mr.. Odiorne,
manager of the Bottling Company, and
entered motion that the libels against
the seized liquors be quashed. He said
that there were two llbels and that they
were defective because they had not been
filed with tt court and notice posted
within the time specified by law Ii is
required that the libel shall be filed i'm
mediately after the seizure. The seizure
was made on Saturday and the 1ibels
were not filed till the following Wednes-
day.
Judge Robinson interrupted Mr.. Meaher
to state that the law is that if no claim
ant appears, the liquor shall be destroyed
He wished to know whether Mr.. Meaher
appeared as claimant.
Mr. Meaher replied that there was no
proper libel and the owner of the liquor
objected. He ontended that the libels
were defective and that he appeared be-
for, the court specially in entering this
motion that the libels be quashed.
Judge Robinson decided that he could
not entertain the arguing of the case I'M
less claim for the liquor was made and
the attorney appeared before the court
in the general way.
Since Mr.. Meaher had stated that he
appeared specially and not generally,
the court ordered Assistant County Attor-
nsy Webb to proceed with the govern
ment's side Of the case
Mr.. Webb contended with reference to
the libels that there had been no decision
by the supreme court as to the definition
of the word Immediately in regard
to the fling of libels. He said that the
point tax. by Mr.. Meaher arises from
warrants, not libels, and he contended
that the case cannot be legally tried; that
the defendant had no standing In the
court and that the point was not well
taken.
subsequently, Mr. Meaher entered a
claim for the liquors and appeared before
the court generally. Judge Robinson
spent some time in examining the court
records and could not find case SINH
lar to this
At g. 80 in the afternoon Judge Robin
son rendered his decision and quashed the
llbels At about o'clock Mr.. Odiorne
came for the liquors and the S700 BOTTLES
of beer, A half barrels of lager, etc were
rolled3 out of the corridors and carried
away. Much of the bottled beer was
packed in 70 barrels Probably this is
the only portion Of the beer that has
not soured, since it was specially packed.
Of course the kegs and bottles are valu-
able.
The liquors will all be shipped to Bos-
ton Immediately. Of course Lift they were
taken back to Union street they would
run a great risk of being seized again, as
doubtless there would be no mistake in
the libel the second time.
Mr.. Meaher's appearance before the
court Especially" was doubtless an
adroit move, because when one appears
generally one must waive various
slight teohnicalitits s. He doubtless thought
that if he appeared generally the
technicality in regard to the libel might
be waived.
When an officer makes a seizure with a
warrant, he Is supposed to Immediately
make libel against the liquors and
file it with the judge, who signs notice
and a IN milton, which is on tho same
form with the libel, and the whole thing
is then posted on the bulletin board ac-
cording to law. This notice of the libel is
to inform all parties having anything
to do with, or any claim to make on the
liqu seized that they must appear at
the hearing at the proper time.
The Interpretation OF that word elm
mediately'' lies largely with the judge.
In this case, where the liquors were
seized Saturday, h d he libel been filed
the next Monday, probably it would have
been considered that the requirements
of the word Immediately" had been
complied with.
In case of small seizures it is frequently
the case that the libel is not filed i'll
several days after the seizure. But this
is Of little Importance, because the guam
tity is SO small that nobody makes a
claim for it. But in case of the seizure
of a large quantity of liquor, it is highly
important that the officers who seize it
should follow exactly the requirements
of the law. 1t is the officers duty to do
this.
Hnlia