Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-07-18
COURT WANTS
BOOZE TRIAL
Judge Dickinson Refuses to
Either Sustain or
Smash Suit

Philadelphia, July IS. - Judge
| Oliver b. Dickinson, of the United
| States Court for the Eastern district
of Pennsylvania, to-day handed down
| an opinion in the suit of the Govern
ment against the Bergner and Engle
Brewing Company declining to either
| sustain or quash the demurrer of the
| defendant who contends that the Gov
ernment's charge that it is manufac-
turing beer in violation of the wartime
prohibition act is defective because it
| did not aver the beer was intoxicating.
The court said the issue should be de-
cided at trial.
While United States District Attor-
ney Kane said he considered the opin-
ion of the court a victory for the Gov
ernment and would take whatever
action with regard to further prose-
cutions he is instructed to take by the
Department of Justice, the executive
committee of the Retail Liquor Dealers
Association decided that all saloons
can reopen to-day and sell 2.75 per
cent beer. About 1AO0 of the 1900
saloons in the city had closed on the
duNlCe OIL the committee.
The court in his opinion stated that
he had read two opinions handed down
by courts in which the issues were the
same, one sustaining the demurrer and
gone overruling 1t, and added that he
found himself in accord with the rul-
ing of Judge Thompson, of the West
ern district of Pennsylvania. The only
difference is, said Judge Dickinson, that
Judge Thompson saw fit to oNerrule the
demurrer, while he did not see any
occasion to make any formal ruling
at this time. "All that is really in
volved," said Judge Dickinson, 'is a
regulation of the burden of proof and
this is properly trial ruling.
The court said that mo answer to
the question before us can be given
without giveing constructin of the act
of Congress The law of the case would
thus be declared in advance of trial.
1t is, indeed, frankly avowed that the
securing of this construction iS> the
real purpose of the present proceeding"
Judge Dickinson said nothing could
be gained by having two or more test
cases to present the same question in
view of the fact that the issue is go
ing to the Supreme Court. Let the
man who chooses to take the risk of
violating the law by doing what may
be found to be a violation take the
whole responsibility for so doing" said
the court. There is no call upon the
court to share the responsibility with
him"
The court gave leave to the defend
ant to withdraw the demurrer and to
plead to the information, or if counsel
preferred not to do so, the demurrer
will be disposed of when the case is
ready to be tried.
Speaking for both its MEMBERS"
said Judge Dickinson, this court would
willingly render all the aid within it's
power to uphold the law and compel
it's observance and to save the people
from the scandal >of being obliged to
witness attempts being made to ex-
pertinent with the criminal law in the
effort to find out how far its violators
could go before inviting punishment.
"The people should also be saved, II
possible, from the scandal of witnessing
violations of the law by a large num-
ber of persons sought to be justified by
the plea that there is a doubt of the
criminality of what is being done,
whether the doubt is real or mere
pretense."