New-York tribune., 1919-10-31
Armed Federal Agents,
Busy in Raids, Finally
Make New York ''Dry"
as the Sahara Desert
Near-Beer and Soft
Drinks Now Rule
Counter Suits to Test
Law Are Started by u. S.
Attorney and Brewers

United States Internal Revenue
agents. who flashed pistols in the sa-
looms on which they made raids yes
terday, made New York as dry as Kan
eas.
The government prohibition cnforc-
Ing measures were SO effective that 500
Brooklyn saloonkeepers decided at a
meeting yesterday to close their doors
at ! o'clock this morning and remain
closed until the wartime prohibition
is annuled by a Presidential proclama-
ton of peace and demobilzation of the
amy.
Manhattan saloonkeepers seemed
more inclined to keep open. Offering
their de jected customers such feeble
lures as milk, sarsaparilla and near
beer. But when closing time came last
night the hartenders in scores of places
bade their patrons goodby in place OF
the customary goodnight
A myriad of legal actions were begun
in the United States courts as result
of the desire Of the government officers
to enforce the law. and the even more
intense desire Of liquor sellers to pre-
vent them.
SSANttA lSSt N'uitS ctoA tSu
Frank 6. Caffey, United States At
torney, and counsel for the brewing
interests filed counter equity suits in
me Federal District Court, designed
% test immediately the CONSTITUTIONAL
ity of the Volstead war prohibition en-
iorcement act. At the same time about
forty persons, rounded UP by Internal
Revenue Agents on Wednesday night
for alleged violations of the Law, were
arraigned before United States Com
missioner Hitchcock and released in
$500 bail each
Earl B. Barnes. Assistant United
States Attorney, acting for the Fed
eral prosecutor, asked the court to
issue temporary injunctons in the cases
Of five Of the saloons on which raids
we're made on Wednesday night, to re-
strain them as public nuisances" from
dong further business. If these in
functions are granted by Federal Judge
John c. Knox this morning and any of
the persons so restrained continue to
dispense alcoholic beverages they will
oe arrested Immediately for contempt
Of court and committed to prison with
out trial.
Brewers Seek Injunction
Mr.. Barnes seeks to obtain iniunc
tons against the Eastern Hotel Cor
poration, 81 Whitehall Street; Thoma:
UBrien, Of SAP Ergcn Avenue, The
Bronx; William Woke, Of 3246 Thrt
avenue; The hmericus Cafe, John "
Bowen, proprietor, of 1875 Fourth Ave
hue, and Michael Bernhard, Of 383(
third Avenue. In asking for the re
Nraining orders he explains he is act
,ng under she national prohibition act
Title !, Section d, for the purpose 0.
ehloining the cafes and saloons which
me law declares to be public nuisances
test case also was brought by
Sacoo Rupert on behalf Of the brew
ers; United States Attorney Caffey
ana Richard McElligott, acting Col.
.ector OF Internal Revenue, were made
aefendants in this suit, which was
MpIough' by Root, Clark, Buckner &
nov land, OF 81 Nassau Street The
petition asks that an Injunction bt
granted restraining the defendant.
..om enforcing the national prohbi
ton act.
Power of Congress Questioned
For the most part the petition i
identical to the suits now pending il
'ne higher courts. The new contentio,
W Emory K. Buckner and his asso
eiates 10 that Congress had no powe
F~"S liit DI IOllJl'tttOi N.tGSOIt WHs
mere was no military necessity and t
support this President Wilson's memo
i,sndum accompanying his veto Of tn
'c.stead bill IL quoted.
line brewers ASSERT that Presiden
"Hson, az commander in-chief Of tn
.rmy and navy. is the sole judge Of tn
,1isence Of wartime necessity an
s1om't mis- memorandum as proof tina
s.ch condition does not exist The
,ofther contend that 2.75 beer is not IN
.o1lcating and complain that TO Pre-
ssht the manufacture and sale of thi
product violate their nons+;,,t;,na
rights N'''''''"'''''"
saIG ''' '"'' "'S
,r,Iou cannot make hard liquor out Q
. peer witn the I'D Of the Congrcs
''"hai printing press
violation Of Constitution Charged
ne cont paint, which consists q
tsi,y-iour pages, recltes that the de
tshaant officials should be res,raiue
.r.m .s enforcing the Law because Cor
aa.s sss IN snaeting It goes beyond tn
sss, ss, rested in IT to provide for an
is'Ict prom ibition Of malt liquors du,
~ ,ax re period which will elapne bcfor
~. -. eighteenth Afne ndment TO the Cor
t.1uon becomes effective.
iurthcr contends the Volstead a.,
.p''fes s. the complainant Of his liber,
s..u sSau Dropefty without due process Z
sas ~ and Without just com pensatio
80 tn&i therefore it violates the 5,
~. 80 iVth amendments 10 the Const
- 'rn. Then The petition recites tn,
~ ~ petober II the Prenidcnt, in
s,s.'oefandnm 70 Copgregs, procIatms
isss iias array and navy had been demot
80. wa and that The objects Of war~tin
Syn'nitton had been satisfied.
me brewers also aiiege that VI
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