The Washington times., 1919-05-20

NO EXCUSE IN
RUMRUNNING
Judge Harrison Denies That
Liquor Must Be for Sale to
Be Contraband.

Judge Robert Hardison today de-
MED that the decision he gave in Po-
lice Court yesterday gave residents
the reserved right to bring whiskey
or other alcoholic liquors into the
District for their personal use in
privately owned automobiles.
In Diminishing a motion made by
Attorney Robert 1. Miller to quash
charges of violation of the Reed bone
dry law against Emmanuel Freeman,
Judge Hardison however, court Off
cials say, left the inference that a
resident could transport liquors into
the District in private conveyances
for their personal and not for their
commercial use.
Freeman was arrested several
weeks ago while bringing 332 half
pints, three quarts of whiskey, and
other liquors. Attorney Miller con-
tended he had not violated the Reed
bone dry law. as he was conveying
the liquors into the District in a pri-
vate automobile.
Try Freeman Tomorrow.
Judge Harrison found Freeman had
violated the law, and overruled the
motion. Freeman will be brought to
trial tomorrow. In reaching the de-
cision, Judge Harrison quoted many
authorities and opinions on inter
state commerce. But it was the word
ing of his opinion in the Freeman
case that caused many to believe that
when whiskey is brought into the
District in a private automobile for
personal use. that 1t is not a viola
ton of the Reed bone dry law.
son said in his decision:
THE quantity of liquor and the
kinds of containers (meaning Free
mans stock leaves no reasonable
doubt that it was brought in for the
purpose of sale.
And l find as a fact that it was
brought in for such purpose.
Here the defendant acquired by
purchase a merchantable commodity
in Maryland and transported it by his
own private conveyance into the Dis
trict for the purpose OF sale"
THE nature of the commodity"
continues Judge Harrison, "the meth
cd of acquisition and the intended use
and not the method of transportation
constitute the determining factor.
Joy In BOOtIeggers' Camps.
81 conclude that the transaction
(the Freeman easel as a whole con-
stitutes interstate commerce. and the
transportation therein is a violation
of the act. The motion to dismiss
and the demurrer to the evidence will
be overruled."
There was joy in the camp Of the
bootleggers when the decision. with
its evident loophole or inference, was
rendered.
Assistant United States District
Attorney Ralph Given declared re
gardless of what inference was taken
in the decision, that the police would
continue to arrest those bringing
whiskey and other alcoholic liquors
into the District and that those cap
tured would be prosecuted by him.
Personal Use No Excuse.
He contends that the bringing in"
OF alcoholic liquors is a violation of
the Reed bone dry law. He said,
whether brought in for personal or
commercial use. it did not matter.
my view Of the Reed amendment
is" said District Attorney Laskey,
that it prohibits the bringing into
the District of Columbia Of intoxica.-
ing liquors unless they are intended
for use for ,sacramental, mechanical,
or medicinal purposes as stated in
the amendment.
1T makes no difference whether
the liquor is brought in in a private
conveyance or a public vehicle. I'll
isn't a question of how the liquor is
brought in, but the purpose for which.
it is intended. / contemplate to sub
nit a case in the District Supreme
Court which will give this tribunal
an opportunity to give a decision Oh
the points involved"