Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-05
Kane is Ordered to
Arrest Beer Sellers
Continued From Page One

Continued From Page One
the bureau of investigation of the De-
partment of Justice in this city, pro-
ceeded to City Hall and held long
conference with Superintendent of Po-
lice Robinson
He asked the city authorities to turn
over as many men as possible to assist
the government to obtain evidence
against the beer sellers
Superintendent Robinson told the
government agent that the majority of
the city detectives We're at work on the
red propaganda cases, but said that
he would lend as many men as he
could possibly spare for the liquor
work. 1t is understood that a large
number of men will be slated for the
work and will begin Monday.
Record of Saloons Made
The city police have made a record of
the saloons doing business. This was
given to Mr.. Clark by the superintend-
ent. The following are the figures for
the four days of July of the saloons en-
gagged in business:
July /, 341; July 2, 355; July 3,
$50; July 4, S42; July s, probably as
many as yesterday.
The following is the order received
today from Washington:
"There should be no difficulty in
carrying out these instructions in the
case of distilled spirits or other liquors
(which are admittedly intoxicating
but in one or two jurisdictions the
courts have ruled that beer is not pro-
hibited unless in fact intoxicati,S;. This
ruling would require the government to
prove in every case that tBs beer in
question is intoxicating and would ham
per the administration of the law.
'It is believed that this ruling is er-
roneous and an appeal has been taken
to the Supreme Court. In every dis
trict where a case has not yet been de-
cided it is the desire of the department
that a decision should be obtained be-
fore the government accepts the view
that it must prove that the beer is in
fact intoxicating.
'"The department further agrees that
test cases be proceeded with as speedily
as possible; that the question should
be raised on demurrer, the demurrer
making the point that the beer is not in :
toxicating. If the demurrer is over
ruled the United States attorney is to
proceed Immediately in all other cases
of which he has knowledge of 2& per
cent beer being manufactured since May
/, or sold since July L.
Mr.. Kane said that counsel had
agreed to argue the Bergner & Engel
case next Wednesday, there being a
regular sitting. of the court on that
day.
Brewers View
Saloons have the right to sell 2%
per cent beer in the opinion of Harry
A. Poth, secretary of the State Brew
ers' Association.
In view of the present state of com
plications, Mr.. Poth asserts, no one
knows exactly what the law governing
the sale of liquor is.
The declaration of Mr.. Poth fol-
lowed a statement of Neil Bonner, pres
ident of the Philadelphia Retail Liquor
Dealers Association, who asserted that
the brewers were urging the saloon
keepers to remain open and intimating
that protection would be given them if
it were necessary.
Says Law Is Crude
Oh hearing Of the charge Of Mr.. Bon
ner Mr.. Poth said L The law is SO
crudely drawn that no one knows ex
aetly what the Law is. Three judses
df the Circuit Court Of Appeals of
New X0fE have 3nterDreted the law AZ