Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-01-21
PETERS WILL BRING new
TEST CASE FOR BEVERAGES
Sclf-imposed Charges Against French
and Herbert Are Dismissed in
Police Court.
~IsE ISSUES STAT MENT
Commonwealth's Attorney Makes
Sharp Reply to II. VI. Smith, DR.,
Who Tauntcd Him With Having
"Guardian" in Commissioner.

Following the dismissal yesterday
morning in Police Court OF self-im-
posed charges against T.. l.. French
and w. e. Herbert Of selling Tan
hauser and Alpha. outlawed by au-
thority OF the prohibition act as malt
beverages. Commissioner of Prohibi-
ton Peters. who declined TO enter into
the prosecution. announced that he
would at the proper time institute pro-
ccedinGs in court of competent juris-
diction looking to a final test of the
beverages status under the law
The commissioner. whc came In for
acrid criticism at the hands OF II. NJ
Smith. Jr.. counsel for the two men
who had themselves arrested for the
purpose OF making test case. e1-
pressed the opinion that the best in
tercsts OF the Commonwealth cannot
be subscrved by allowing counsel for
defendants TO make the choice of time
circumstances. defendant and jurisdic-
ton. Mr. Peters said. further. that
when venders of these beverages were
tried in any way which involved his
Office. he would be the judge of the
manner in which the proceedings should
nc instituted, of the cases which are
presented, of the time at which the
Jurisdiction in which the matter shall
be tested
TAuSTS WISE WITH
HAVING A "GEARDIAN"
commemorative Attorney George L.
Wise. who was taunted by Mr.. Smith
with having guardian" in tho per-
son of the Commissioner of Prohibition
and with having mo control over his
"a ixta t1,, %.f IL
new guardian. moved the court to dis
miss the warrants. taking practically
TIE same stand taken by Mr.. Peters,
that the Police Court is no place for
test case. and that the Commonw wealth
should take the initiative in such pro-
cecdinGs.
In reply to Mr.. Smiths remarks and
in explanation of his course in the
proceedings, Mr. Wise yesterday after
noon issued the following statement:
80 far as the remarks of Mr.. II. NJ.
Smith, Jr., regarding control over my
office and discharEing the duties of
the same is concerned, l care nothing.
attributinE the reckless and not-tem :
pered eXclamations to his chaErin and
dioa ppointment in being unable TO
carry through the trial of test case
of his own making and proving
through processes of the Common
wealth the vindication OF his client.
POLICE COURT not PLACE
FOR TEST OF THIS SORT
Mr. Smith vainly endeavored to dra W
the Prohibition Commissioner into tho
same position. and failing. went to
referred him to me. When he saw me
/ i'm faE Naa CIV
arise would undoubtedly, in the dis
charge of my duty, in protecting the
interests of the Commonwealth. learn
by analysis whether or not these bev-
erages came within the term ardent
spirits as defined by the law. Mr..
Smith then undertook TO make a test
knows. or ought to know. is an ex-
amining court only. and not the court
in which a test Of the matter could
ly understood that while recognize
that the Legislature conferred upon
the Prohibition Commissioners cou-
siderable powers in the execution Of
the prohibition law. that I have and
shall continue to discharge the duties
OF my office under the law as I see
In the discharge OF those duties.
Il believe that the prohibition Law
should be enforced fairly and i'm
partially. and I shall never lend my
assistance in prosecuting any case un-
less there be some ground upon which
81 prosecution may be Justly and legal
ly based. BY seeking TO be Fair, and
explaining to the court my reasons fer
moving the dismissal Of this case. 7
brought forth from Mr.. Smith the un-
warranted, unjust. unkind and peevish
remarks quoted in an afternoon news
paper. All I needed to have done was
move the court to dismiss the CT Sc
without saying another word.
The enforcement OF the prohibition
law stands upon no higher plane than
the enforcement of any other penal
statute, nor does it stand upon any
lower plane. Therefore. those who
violate II should be punished. and
those who do not violate it, should not,
"