Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-18

believe that because Judge Dickinson
did not definitely and finally overrule
the demurrer in the Bergner & Engel
Brewing Company test case, they We're
given license to sell 2.T5 per cent beer.
pending decision of the United States
Supreme Court.
Kane Awaits Orders
United States District Attorney Kane.
after holding telephone conversation
with the Department of Justice at
Washington and transmitting a copy of
Judge Dickinson's opinion. is await
ing hourly word as to the course of
action the government desires him to
take. 1t is a matter for the decision
of United States Attorney General A.
Mitchell Palmer to act upon, and no
United States district attorney in any
district in the United States would pre-
sumo to take the initial action without
the advice of his superior. ~
Federal officials hold Judge Dickin-
sons ruling to mean that he will. upon
the defendant brewers being brought to
trial. overrule the demurrers. thus per-
mitting the case to go to a jury for
decision.
The court. in its opinion. held that
he concurred with the opinion of Judge
w. Fl. s. Thomson. of the Western dis
trict of Pennsylvania. Judge Thomson
held that the government was not
obliged to prove that whatever beer was
sold was Intoxicating. He ovcrruled
the demurrers in case analogous to
that which came before Judge Dickin
Tha of
Judge Dickinson pointed out in his
opinion, between himself and his fell
low -jurist. was that the latter had seen
fit to override the demurrer now, and
he saw no reason for doing so at this
time. He declared the demurrers would
be disposed of at the time of trial.
The fact that Judge Dickinson held
the question at issue to be "a trial
question" is held by lawyers to mean
that the question can be more prop
erly raised when all of the evidence
is in, and cannot be raised as well in
advance of the pleadings.
In the face of this important ruling
by the court the wholesale and retail
liquor license fees for August are being
paid by dealers and are being accepted
at the Office of City Treasurer Shoyer.
Payments commenced today. Explain
ing his action in accepting moneys for
8 fees. Mr.. Shoyer said:
''The opinion of Judge Dickinson in
refusing to give a decision in the liquor
case because he considered it a matter
for the jury to decide makes it certain
that the saloon men have legal right
to conduct their business until such
a decision is given by jury.
Therefore licenses will be issued to
all those who desire them for the month
of August. The last day that license
can be taken out is August L.
Surprised at Liquor Mems View
Questioned today as to what he
thought of the attitude of Philadelphia
saloonkeepers in opening their places
for the sale of 2.75 beer, District At :
torney Kane declared himself astonished
at their action in view of the court s
decision.
DO you think the construction placed
on Judge Dickinson S decision by the
brewers and saloonkeepers is correct ?'
he was asked.
& mo" he replied, 81 certainly do not
for as read the decision it is perfectly
plain that Judge Dickinson is of the
same opinion as Judge Thomson in the
western district. Judge Dickinson de-
clares himself in accord with the con-
clusion reached by his fellow jurist and
says the only difference between them
is that Judge Thomson saw fit to over =
rule the demurrer in an analogous case
before him now, and the court here does
not see any reason for making a ruling
on the demurrers at this time.
"This means that when the case is
called for trial the demurrers will be
disposed of, and it necessarily means
4 that the government would get to a
4 jury with our evidence. In other words
> the government would have to prove
( that any beer sold had more than one
half of per cent alcoholic 'content. We
would not have to prove the beer was
intoxicating. OF course, as there is
now an appeal pending before the
United States Supreme Court, the court
may think that arrests for selling 2.75
per cent beer would be useless at this
time in view Of the courts attitude.
Decision of the Philadelphia Retail