Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-07-02
NEW EXCISE LAW
RES|STS ATTACK
Failing to Specify When Man
Is Drunk No Bar to
Conviction.
SEVERAL ARE ARRAIGNED
ON MODIFICATION CHARGES
Saloons and Restaurants Not to Be
Molested Until New Board
Passes on Act.

The first attack on the new excise law
was made In the Police Court today when
A. w. Scott declared that in framing the
law Congress had neglected to specify
just when q man can be considered
drunk. Scott represented John Quail. who
was arrested yesterday afternoonsby Po-
liceman Pat Creaghe. Quail was charged
with violating the provision of the new
law relating to being found drunk on the
streets.
Creaghe testified that he saw Quail
about l o'clock yesterday afternoon, and
that he was staggering very noticeably.
This was due to liquor consumed by the
prisoner. Creaghe contended.
him to the third precinct station house.
Knowing the difficulty which probably
will be experienced in proving a man
drunk. all Of the station houses are
hospital. where an expert opinion on
their condition can be pronounced.
With this In view, and to ascertain the
seriousness Of Quall.s condition. he was
he was examined and kept under treat
ment for two hours. Quail declared on
the stand that he knew perfectly what
he was doing. and did not think he was
staggering.
Drunken Man Not Defined.
Attorney Scott argued that it was i'm
possible for the court to render a judg
ment in the case, in view of the vague
wording of the law. The corporation
counsel has not given any opinion on the
question Of when is a man drunk"
Scott maintained.
Judge Aukam decided, however that
Quail was drunk beyond a doubt but in
view of his previous good record, took
the mans personal bonds to appear at
some future time for the pronouncement
OF sentence.
The first man to come before Judge
Aukam on this charge was John L. Craig
Craig, 1t appeared from the testimony.
was under treatment for an infirmity, and
was not altogether responsible for his
condition. Policeman Beckett said he
found him early this morning suffering
from ALCOHOLISM. He was allowed to 60
on his personal bonds to appear for SEN
tence in case of any other charge being
put against him.
Policeman G. H. Moran arrested Will
liam Lanahan last night on an intoxica-
ton charge The hearing OF the case
went over until tomorrow.
Judge Aukam, during the hearing of
the cases under the new excise law,
and frequently consulted 1T. Paragraph
%. which relates to the DRINKS" ar
rested outlined in o red ink The
Nello. whom Bicycle Policeman Bobo
arrested last night, when he found him
Nello made no bones about being drunk,
admitting It unreservedly. He was fined
SO. the minimum sentence.
Michael McGarvey pleaded guilty to
the same charge, as did John Green,
who was arrested by Policeman Davis
when he found him In q helpless con-
dition. Both were fined SO. Frank
Wood, arrested near 14th and U streets
nnrfhWeQt VeStQYdaV afternoon nj
though he entered a plea of guilty,
said he was overcome by the heat. and
had taken a couple of drinks to re-
vive himself. He had never been in
trouble before. and Policeman Shoe
maker said he was not disturbing any
one. SO the case was continued for SEN
tence. and Wood was allowed to go on
his personal bonds.
Promises Not to Drink Any More.
The hearing of the charge OF this
sort against John A. Hassin. arreste,!
by Policeman Hood. went over until to-
morrow. William Thomas. whom Po-
liceman Langley arrested on the same
charge, admitted 1T. entering a plea of
guilty. but said he was seized with a
terrible pain and took couple CT
drinks to allay it. He was given the
same treatment by the court as was
received by Wood and promised not to
drink any more.
Thomas MCGEE was unable to give any
reason for being asleep in the Smith
eonian grounds and was fined s1t. Officer
Dreager said he gave him one chance Il
20 away, but he wouldn't take it. Rober.
Green, Officer Horton tod The court.
was holding up tree which didni
need any support"
Judge" Robert declared. Il have never
III.
.-Of course you haven't" Judge Aukag.
said. the law has only been in effeci
one day"
Green had pretty good record. though, J