The sun., 1919-10-30
Saloons Generally Take
Risk to Clean Up Sup
ply of Brew.
WILL REMAIN OPEN
Hotels and Restaurants Are
Observing Law to the
Letter.
LEGAL ACTIONS STARTED
Brewers Lead Off With Plea
for Injunction to Halt Dry
Enforcement.

1t was mighty hard to get drink
Of hard liquor in New York yesterday
and mighty easy to get as many
glasses as one thought desirable of 2.75
beer That exactly represented the
new situation as the Volstead enforce
ment act went into effect.
whiskey was virtually unobtainable.
even by trusted" patrons, because
saloonkeepers had been warned by
their associations and legal advisers
not to take a chance, the risk being
too great. Beer of the alcoholic per-
centage familiar since July 1 was
generally procurable because most sa-
looms still had in ice boxes or on tap
a small supply which they felt they
had a right to dispose Of before be-
ginning sale of the half per cent. kind.
Hotels and restaurants obeyed the
new law strictly, as rule. declining
to sell anything stronger than the
beer with baby kick. The bigger
and best known hotels and restaur-
ants. those with too much at stake to
tamper with trouble, and especially
those that do not care much for a late
hour trade, have been dry for a long
time anyway. so the clapping on of the
Volstead act made little difference to
them.
AS the drying up process set in
liquor interests instituted and pre-
pared to institute a series of injunc-
ton suits directed against enforce
ment officials of the Internal Revenue
Department and the United States
District Attorneys Office to set aside
the Volstead act until it's validity can
be ruled upon by the courts. These
proceedings are sweeping and go TOT
the heart of the wartime prohibition
question. Back of them are distilling
interests, represented by Dryfoos.
Blum & Co. of AZ West Broadway, the
big brewers and the Society of Res
dealing firm of Dryfoos, Blum & Co.
began its action yesterday in the
United States District Court. The
brewers are expected TO file suit to-
day and the restaurant men may
open fire either to-day or tomorrow
II their present plans hold.
Injunction Suit Filed.
Dryfoos, Blum & Cp., In order to test
the constitutionality OF the Volstead act,
brought suit against William H. Ed
wards, Collector of Internal Revenue. to
restrain him or any official under him
from interfering with the usual process
OF withdrawing from bond, distributing.
disposing of for business purposes, or
selling the 474 barrels OF distilled spirits
which the concern has in bonded ware
houses in New York. The concern In
forms the court that 1t has $50 barrels
OF whiskey and ~ barrels of brandy,
with certain other stocks that bring the
total up to 25,241 gallons of distilled
spirits. in the warehouses of Greenwich
street. II complains that II will suffer
loss of more than $4,000 II It is. un-
able to dispose of this stock before jan
uary l6 next, the date OF Constitutional
Prohibition, because OF the Volstesd act |
As was the case with other liquor In |
serests this concern suffered because of
The previous refusal Of the Federal Dis |
bict Court and the United States Cir !
cult Court of Appeals to enjoin United
States Attorney Francis @. Caffey from |
enforcing wartime prohibition, but coun- |
rel for the firm. ex-Judge Walter c. !
Hoyes, and his associates seem TO think
mat the language of President Wilson's
veto message proved that the war Is
fctually at an end. and that conditions
have changed to an extent permitting /
IRE courts to revise their opinions. When !,
De suit was nled yesterday. Judge John |
T. Knox ordered Collector Edwards TO |
appear on November s and show cause |
why he should not be restrained from !
Interfering with the usual business of /
Withdrawing and distributing distilled |
fplrits The suit 10 on behalf OF the |
wholesale LIQUOR Dealers Association |
n the State. The stand taken by these |
pterests Ia that the Voistead act is in
valid because II destroys property rights |
81 citizens as guaranteed by the Fifth /
amendment OF the Constitution. The |
hrRument will be before Judge Learned |
Eand at 2 y. VI. on Wednesday
The brewers, represented by the New |
YORK State Brewers Association, will |
t7utute a suit OF similar purpose to- |
pay, according to a prominent attorney
fcting In their interests. Thsir position
pinses, OF course. upon the right TO sell |
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