The sun., 1919-10-30
BOOZE SCARCE, 2.75
IS PLENTY IN CITY


2.75 beer, and the basis OF their conten-
ton will be that they will suffer ire
parable property loss because OF the op-
Grafton Of an unconstitutional law. "
will be recalled that the brewers we're
refused an Injunction by Judge Learned
Hand because the court could not see
at the time that they were facing ire
parable loss. Now. they maintain, the
loss is obvious II an invalid act puts
them out OF business. They will demand
that the enforcement officers be re-
strained from interfering with the brew
ing, distribution or sale of 2.75 beer
until the validity Of the Volstcad act Ia
settled.
Restaurant Men Also Act.
The third suit of this character Is ex-
pected in the United States District
Court to-day on the part OF the Society
Of Restaurateurs. 1t will be a plea to
restrain enforcement officials from In
terferng with their liquor selling bust
ness until the constitutionality OF the
volstead act is decided once and for all.
In the meantime, until relief can be
had by injunction proceedings, IL sue
cessful. the restaurant men VIII strictly
observe the law, according to Howard E.
Taylor, their secretary. President Cav
anagh of the society sent out request
to the members yesterday morning that
the law be obeyed rigidly, pending de-
cision by the courts
This would seem to be the attitude of
the vast majority Of the members of the
Retail Liquor Dealers Association, the
saloonkeepers. Thomas ]. O'Connor.
secretary of this body. said last evening
that every member had been instructed
to put under lock and key all reserve
stocks of spurious liquors and to obey
the law as II he liked II.
IT have been informed, however," Mr..
C'Connor said TO THE SUN, that a num-
Der of saloons are selling 275 beer.
This Is easily explained by the fact that
on Monday additional deliveries OF ATS
were made by the brewers after the
President vetoed the Volstead bill The
brewers thought that the wartime en-
forcement act was dead as far as beer
was concerned anyway, and that their
patrons would want more beer In a
hurry. Then came the action Of House
and Senate overriding the veto and the
ssloonkeepers were caught with a sup
ply OF beer-not a large amount but a
few barrels. Probably they were selling
off this small supply to-day. but when
that is gone no more will be sold until
the courts have acted"
Mr.. O'Connor expressed the opinion
that 95 per cent. OF the 1000 saloons
licensed in Mania ttan, and 75 per cent.
CT the 5000 licensed In Greater New
York would keep their doors open trying
| to sell half per cent. beer and lunch.
No PROFIT Since July I.
There isn't a saloonkeeper that has
made any money since July /, except
a few that have wilfully disobeyed the
law" said Mr.. O'Conno< The few
| that have disobeyed the law are not
eountenanced by our association. The
rest will try to keep open, standing
the loss as best they can, until the courts
rule on the validity of the Volstead act
AS the proprietor OF n large cafe, which
maintains lodge and assembly rooms
and which, like every other decently run
saloon. maintains certain conveniences
for the public which will be sadly missed
il we close up. l would like to sIgges,
that properly managed saloons are 60
ing to be missed more than some people
think"
Daniel L. Porter. supervising Internal
| Revenue agent for the Internal Revenue
Department in these parts, and the off,
cial directly responsible for the enforce
ment of the Volstead act. declined &c
talk for publication last evening. but 1,
was apparent that he knew of the gen.
eral sale OF 2.75 beer. He declined to
say whether this would be stopped by
means OF raids and arrests. and there
was an opinion offered that the policy OF
the department is to stand by fol-
twenty-four hours or so to study the at.
titude OF the publicans. 1t was inti.
mated that the Internal Revenue en-.
forcement officers don't want to be dras-
tic at the start that they will permit,
saloons a reasonable time to get rid OF
the 2.75 beer. perhaps a day or two, and