Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-07-10
NEW EXCISE LAW
NOW UNDER FIRE
Attorney Attacks Statutes
Validity in Case of
Charles Coleman.
JUDGE PUGH WILL MAKE
RULING ON CONTENTION
Court Refuses to Show Mercy in
Sentencing Accused
Paralytic.

The validity of the entire new excise
law was questioned today in the Police
Court and a ruling will be made by
Judge Pugh Saturday
Attorney Thomas l.. Jones, representing
ton on a charge Of maintaining an un-
licensed bar. made motion in arrest OF
Judgment on the grounds that there is no
excise law effective at present. and IL the
Jones' Works law is held to be effective
the entire fabric is void because some OF
its provisions are class and discrimina-
tory legislation. which is unconstitu-
tional The attorney also named in his
grounds for the motion the contention
that certain parts of the law are In vio-
lation of the personal liberty gnaran-
teed every one under the Constitution
Basis of Contention.
In support of his contention that there
is no excise law at present under which
any one can be prosecuted. Attorney
Jones will contend that the excise board
is a part of the machinery of the law,
and the fact that none exists yitiates all
other provisions Of the law.
1t is possible that test of the law
will be made sooner through the me-
dunn of a habeas corpus proceeding In
the Supreme Court of the District in the
same case. Coleman was sentenced TO
serve six months in the wOrkhOuse in
default of a fine of $500, and Mr.. Jones
said after the trial that he might adopt
this course of testing the validity OF
the law.
Coleman was arrested at 3 o'clock Sun
day morning by Detective Raymond
kliendinst and Policeman Warren Grimes
| of the fourth precinct at his house, 1c4U
| I'd street southwest Coleman is a para
| fact in pronouncing sentence Three wit
nesSeS, including the janitOr Of the fourth
precinct station house. testified to sales
of liquor which occurred last Sunday, and
a number of bottles of beer. cheap wine
| and whisky were in court today, but were
not introduced as evidence.
Court Not Influenced.
| In pronouncing sentence Judge Pugh
said Both of the men who have beer
| before me on this charge since the new
law went into effect have been physically
| disabled. I'm sure that these men thinl
| it will help them In case they happer
| to be brought to justice. but L can take
no cognizance of the fact. The weak, the
blind and the lame are brought before
me, but following the course of severity
Sfdll d0ueTt lO III SUCH cases, III case Ol
| conviction, the maximum penalty will bt
| imposed.
Attorney Jones raised the point in the
| argument Of his case that dozen or sc
men had purchased the liquor which was
| found, and merely stored it in Coleman's
house. Judge ,Pugh said this could not
| save Coleman from conviction, even il il
| was proved to be true.
| THE more any one reads this law" "
| Judge Pugh said, the better it appears
| for the city of Washington In my opin-
| ion, paragraph l., underwhich Coleman
| is guilty, prohibits a group of men from
| buying liquor jointly, and meeting after
ward to consume it. This applies to even
the smallest quantity of any sort. but
believe is aimed at the practice of buying
| a keg of beer and going off in the woods
| somewhere to drink 1t.
..Giving this beer away among them
selves constitutes a violation of the law,
| this court will hold"
Coleman probably Will be sent to the
| Washington Asylum Hospital and treat
ed there during the period of his SEN
| tence, in case he is unable to pay the
| fine.