New-York tribune., 1919-07-04
Why Pay $1,000 a Year
for Privilege of Selling
Drinks That Are Nom
lntoxicating?' They Ask
,Iant All-Night,
Sunday Opening g
five Arrests Are Made
and the City Becomes
Less and Less Wet

Nny pay NlSt CLASS SAIGON Incense
10 xell strictly third class non-intoxi-
ca&ng drinks
Ehis query was voiced by scores of
sahonkeepers yesterday as they came
10 realization that they were
raying the state Of New York $500
annually for the privilege of carrying
on q business that the Federal govern
laeHt had all but wiped out.
On the answer 10 this query hangs
q difference of several million dollars
,rs stook no action during the day, but
many indicated that if they can sell
only notwithstanding drinks they see
no teason why they should pay heavy
license for the privilege.
Hhey argue that if beer containing
2.7H per cent alcohol is non-intoxicat-
ings-for the purposes of wartime pro
nibitien, it must be equally SO for all
2racs sicat purposes. If it comes under
she head of soft drinks saloons that
have purchased annual licenses arc en-
titled to a rebate for the remainder
OF the license period anl the right to
continue. doing business without inter-
ference from any branch of the gov
ernment.
Other Rights Claimed
Along with the quetion of licenses,
they suggested the following privi-
leges might be claimed along with the
diScarding of licenses:
That they sell to uniformed men
since there is no order against serv-
ing soldiers with non-intoxicants.
That they remain open I'll night
regardless of police regulations,
since saloons have the same rights
as restaurants as long as they serve
.nG Intoxicating liquors.
That they remain open on Sunday
just as do restaurants that have no
bar licenses.
Restaurant and saloon men who
discussed this phase .of the situation
until they had further advice from
their lawyers. One representative Of
the Society of Restauranteurs said it
would be gross injustice for one
branch Of the government to shut off
part of their business that wiped
out the profits of many big places,
while another branch insisted on
charging a heavy license on the theory
that the business was continuing as
usual.
Receipts Are Dwindling
'fOur business IS dwindling to such
al extent that il does not make any
difference l-cw what happens to US, y
SAID the owner OF a Broadway cafe
IL seems ridiculous to pay a heavy
a it'd al the fey few soft drinks thst h;
onay objection to turning license
batk to the state now is that if demobi-
l1zatlon is declared completed on Octo-
bef l, as now seems to be almost GER
tain, we would not be able to resume
business again. Many places, doubt
less, will remain open in the hope of
cat1ying on business then that would
Justlfy this period Of temporary loss"
Neanwhile, hard situation was
mace still harder for the saloon in
tettstS by the activities of police and
secret service operatives. Five arrests
were made during the day and one
warrant vas obtained. In no case was
an arrest made for selling an admit
tefiy 2.T3 per cent alcoholic drink
AS consequence the decision of the
corrt in these prosecutions will have
MOI bearing on the still open question
as TO whether a beverage of that al
coholic content is an intoxicant.
Those arrested are:
Harry Dee, bartender for Louis Nc
Carthy, charged with selling a glass of
port wine to a Department of Justice
operative.
Jacomo Madaglia, bartender in Fer
ris' Cafe, John and William streets
charged with selling a glass of port
wine to Secret Service operative.
John II. Voege, charged with selling
q Eaass OF whlskey to a. Department. OF
Justice operative, at his saloon, liz
Centre Street A warrant for his ar.
rest was obtained
E<AKtaTp Arms <11oopLopnr Ooc
Wess Street, charged with conspiring
to violate the wartime prohibition law
by selling whiskcy.
Ike Williams and Washington Crit
f1 negroes, charged with participating
IN the conspiracy with Arps.
Dee and Madgalia were taken before
Commissioner Hitchcock in the Federal
Building, where he advised them to
waive examination and carry their
cases to a higher court in the hope OF
an early decision. This they agreed to-
He released them on parole until to-
marrow. when they will appear to furn-
lie IS horfs The Arne GO = ~r