The Birmingham age-herald., 1912-04-13
Bottle Refilling Cases Com promised; Wray Cases
 Ordered Passed
ONE DEPENDANT
 FAILS TO APPEAR
Five Huudred Dollar Fine Imposed Upon ]. W. Moore of Palos, Who Plead Guilty - Exciseman
 Agee Highly Disappointed

Yesterday was blind tiger day in the local branch of the federal department of justice.
 One fine of $500 was imposed by Judge William Grubb, one defendant apparently defed the court and failed to show up and Internal venueCommssioner Will liam Cabell instructed the court to pass over the alleged cases against Dick Wray and his brother Moody Wray, and tar- ther gave notice that a compromise had been reached in the several cases in which defendants were charged with re- filling whisky bottles.
 Despite the vigorous protest of Chair man w. C. Agee, for the excise commls' sion, William Cabell, commissioner of in ternal revenue, has compromised the liquor cases applying to those liquor mer who were arrested and indicted for re- filling bottles with an inferior sort ol whisky. In addition Commissioner Ca bell has instructed the department oi justice in this city to pass over the cases against Dick Wray and his brother Moody wray. assigning therefor no req son for the guidance of the local off cials.
 Compromise Reached The announcement yesterday from the department of justice that all of the re- lhlling cases had been compromised for $25 in each case was no greater sur prise than the action of the revenue commissioner in the Wray cases. It is stated that Wray has appealed to Com missioner Cabell 10 allow him to pay a fine and thus avoiding the possibility of serving a sentence such as was imposed upon J. w. Moore by the federal court.
 While the cases against the refillers have not been taken off the federal court docket. it is stated that the wishes of Commissioner Cabell will guide the local officials in whatever action Is taken. The commissioner has the entire control of such cases and may compromise them If he sees fit.
 The action of Commissioner Cabell. as announced yesterday came as distinct surprise to Chairman Agee of the ex- else commission and the officials of the department of justice, 1t Is stated. MT. Agee, when he learned that the cases had been taken to the officials in Wash ington, wrote a letter on behalf of the commission protesting against any inter ference from Commissioner Cabell.
 According to Custom
 An answer was received which was to the effect that in all such cases it was a custom to allow the defendant to pay q fine of S25 per bottle for each bottle re- filled. It was also stated that while the department sympathized with Birming- ham 1t in the fight to break up illegal traffioing in whisky yet no exception could be made of the Birmingham cases. The compromises were the subsequent finale of the proposition.
 At his residence last night Chairman Aeee said that while the action of Com missioner Cabell did not please him. at the same time nothing further could be done.
 "Win the excise commission take any action against the rehllers of those bot tIes?" the chairman was asked.
 At this time" he replied, ''I am un- willing to say what action will be taken. We have not finished all of the liquor cases in the federal case and until we get them all before us 1 cannot venture to make any forecasts, So say that I am disappointed is proper. l cannot say, however, that we will take any action at this time
 $500 Fine Imposed
 J. W. Moore of Palos, who was indicted for operating a place for the Illegal sale of liquor, was fined s5O0 by Judge Grupb and also sentenced to serve % days in the county jail. The sentence was held up however until next Monday when Moore will begin his term. He paid the fine of $500 to Maj. Charles J. Allison of the United States court in a short time after the sentence was imposed. It was an-