Republican farmer., 1919-07-25
FIND WAR PROHIBITION IS CONSTITUTIONAL. IN
 TRIAL OF s. 5. WINERY
New Haven Liquor Dealer is Found Guilty of Violating Law By New York Fed eral Judge-Five Gases Pending.

New York, July 23-Consti- tutionality of the war time prohibition act was upheld in an opinion handed down here today by Federal Judge Thomas l. Chatfield, of Brook lyn, in a test case against Ste phen A. Winery, a saloon keep CT, brought by the Liuor Deal CTS Association of Connecticut.
 Judge Chatheld's decision was based upon testimony he heard re- gently in New Haven. where he sat in the place of Federal Judge Edwin s. Thomas of Connecticut.
 Winery, backed by the Connecticut liquor men in order to test the va udity of the law. opened saloon in Meriden. He was arraigned before Judge Chatfield in New Haven on the charge that on or about July last he sold intoxicating liquor "unlaw-- fully and knowingly before the con clus!on of the present war and be- fore the termination of demobiliza- ton, the date of which is to be de- termined by the president"
 The saloon keeper was defended by Arnold filling. state prosecutor of Connecticut, who demurred the charge against Winery on the ground that the law was unconstitutional and that as peace had been restored, it was not a wartime measure. IL is said the decision will be appealed to a higher court.
 New Haven, July 23-There are five cases pending in the United States District Court here involving alleged sales of whiskey by saloon keepers, besides the Winery case The last mentioned case was heard by counsel for the Connecticut Retail Liquor Dealers association by having Winery, at his saloon in Meriden. open up and sell to Grimes, an agent of the Department of Justice, some whiskey. When the other cases were called a continuance was made until a later date as the issue was to be tried out in the Winery case. Of the five cases one Is that of J. H. Carney of Shelton.
 When these cases were brought District Attorney Crosby said that off, lenders against the war time prohibit ton law would be btreated exactly the same as violators against other federal laws.
 Hartford, Conn. July 23-United States District Attorney John F. Crosby was out of town when the Chatfield decision on the Winery lt- uor sale test case was received. As sistant U. $. District Attorney George H. Copen said that the department of justice was well pleased with tho decision. It felt that every ono of the points made by the government had been sustained. He said that the policy of the department would be the game as in the past. that is any sale of hard liquor would be prose cuted irnm ediately and dealers who sold beer of more than one half of one per cent would do so at their own risk He said both Stephen Winery, the defendant in the consti- tutionally case, and Martin Schmau- der, the defendant in the case to test the status of beer, would be taken in court in New Haven on July 2S to plead to the charge. The penalty to which Winery is subject Is q fine of S1,o00 and Imprisonment for one year or both.
 Thomas F. Fitzsimmons of New Haven, secretary of the Connecticut Reail Liquor Dealers association, by whom the demurrer was filed, said the dealers were surprised by the de- cision but in no way discouraged. He said he personally felt the case was strong enough to warrant an appeal to the Supreme Court but no decis- ion on that point would be given un- til after a meeting of the executive committee of the association This meeting. he said, would take place either Friday or Sunday In New Ha- ven. He added that dealers still had hope that by August l at the latest the President would issue a proclama- ton declaring that demobiliZation was at an end and that the war time measure ceased to be effective. Some dealers, he said, were undoubtedly selling beer of an alcoholic content greater than one-half of one per cent. but he reiterated his statement of Tuesday that dealers could not af- ford to keep open merely to sell beer.
 UNLICHTED HAY