The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-11
IMPORTANT DECISION


In Reference to the Purity of Beers.
One of the most interesting legal fights
made in the courts of this county for the
past ten years was one which recently came
to a final termination in Room 2, Superior
Court, with Judge Lawson M. Harvey on
the bench. 1t found its way upon the dockets
of the court under the simple title of 1.-The
American Brewing Company against John
z. Ferris" but before the fight had ended it
had resolved itself into a battle royal, in
which the American Brewing Company was
successfully holding its own against sew
eral of it's combined competitors whose at
tacks were viciously made over the Shout
ders of Ferris, the defendant. 1t was a suit
on the part of the American Brewing Com
pany against Ferris for an injunction and
damages, and the plaintiff came into court
represented by counsel selected from among
the ablest members of the Marion county
bar. When it became plainly apparent that
the strong effort of the American Brewing
Company's competitors, in taking advantage
of their opportunity presented by the case
at bar was to prove that the product of that
brewing company was impure and unfit for
consumption, interest of the case very
rapidly broadened and the progress of the
trial was scanned closely and it's results
oslty by brewers throughout Indiana, and,
indeed, all over the West.
From first to last through this memorable
piece of litigation the fight of the American
Brewing Company was fair one.
In order to prove the excellence of it's
manufactured product the plaintiff did not
rely upon the testimony of men of question
able experience and knowledge, but from
Chicago and New York city brought expert
brewers who went upon the witness stand
and testified to me pure and healthful quail
tues OF the American Brewing (tOnonanV
beer. These witnesses were supported not
only by the testimony of many leading citi-
zellS OF indianapolis who had derived their
knowledge OF the pure qualities of the beer
from its use on their tables, but DR.. John
n. Hurty, secretary of the State Board of
Health, and an analytical chemist without
superior in the West, from the witness
stand showed from demonstrations he had
made that the product of the American
Brewing Company absolutely pure
without one injurious quality. That the beer
is made from the best material and by the
best possible process was shown by such
WelI-knoWn experts as Francis Wyatt OF
New York and Drs. Vail and Henius of the
Chicago Academy of Brewing. 1t was fur
Their plainly brought out that 20 per cent
of all modern breweries are so Constructed
as to use the new vacuum system invented
and perfected by that most eminent of
moder scientists, Pasteur of Paris
Proceeding upon the evidence brought out
In the case during its trial of nearly two
weeks, Judge Harvey made a special find
ing of facts and stated his conclusions Of
law thereon in his own peculiarly terse and
complete manner. In the former the finding
was that it is the common method of brew
saloons to sell the product of their re-
spective breweries exclusively, and that the
effort of the plaintiff was no exception to
the rule. He found that April II John
r. Ferris was anxious to secure a lease on
some property centrally located for saloon
purposes, and that he leased from Joseph
{. Schaf, president of the American Brew
ing Company the premises on West Wash
lngton street, between Illinois street and
capitol avenue and that he expended 5000
IN improvements on the property, according
to the wishes and demands of Ferris The
courts finding further was that in consider
alton of the improvements thus made upon
the property Ferris agreed to that provision
of the lease which excluded him from SELL
ing any other than the product of the Amer
lcan Brewing Company, and that he entered
upon possession of the improved premises
and is still in possession.
one very explicit paragraph of the special
finding was this: "At all times since the
execution of the lease the PLAINTIFF has been
ready to furnish the defendant the beer
manufactured by it in sufficient quantities
TO supply his trade. The beer so manufac-
tured by the plaintiff was in every regard
pure, wholesome beer, made out Of the best
material and in a very clean and well-ap-
pointed brewery, where every care was
taken to prevent foreign and deIeterious
substances and influences from coming in
contact herewith and as well suited to the
market in indianapolis as any other manu-
facture of beer sold in that market"
Judge Harvey went much further than
JnlS IN mis- clear nndlng, Tor he found that
Ferris from time to time, and almost from
the beginning, violated his contract by pur-
chasing beer made by other breWeries and
just prior to the bringing of the case at bar
practically abandoned purchasing from the
American brewery altogether.
1t was further proved by Ferris's own
testimony on the stand that from Sept IL
1897, to Nov. Is, 1897, inclusive, 1873 half bar
rels of American Brewing Companys beer
were sold, and on the corresponding months
of 1898, when he selling other makes
of beer he only sold 124 half barrels there
by correcting the error that was set forth
in Ferriss answer that the American Brew,
ing COmpany'S beer was of poor quality and
had been the cause of a decrease in his BUSH
ness while handling their product
The conclusions of law were simple and
directly TO the point. One of these was that
Ferris having entered upon the contract
with the American Brewing Company at a
time when the provisions of that contract
were agreeable to him, could not now resist
it's enforcement. In awarding the Ameri-
can Brewing Company measure of DAM
ages against Ferris Judge Haryey's conclu-
sion was that the company should recover
$9l on account OF profits upon beers other
than those manufactured by the American
Brewing Company and sold by Ferris on
the premises leased from Joseph c. Schar
since he first entered upon such premises
uuder the lease. together with the costs Of
five case Finally came the conclusion under
which the American Brewing Company was
granted an injunction restraining Ferris
from any time thereafter, during the con-
tinuance of his lease, from selling any other
beer than the product OF the PLAINTIFF COM
pany.
can Brewing Company, and II is an assured
thing that the company wiz continue to
make the same kind of beer as has been
nroduced in its brewery ever since the
establishment was first set in operation and
he always as ready to prove to the public
that its proauct y pure ana nssealtn-glviig