The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-31


the brewing interests OF the country. the
complaint states:
There are 1880 establishments in the
United States brewing malt liquors con-
tanning more than one-half of one per
cent. of alcohol by volume: that they
employ 75,404 persons that their actual
capital investment equals S792.914.000 {;
that their annual payrolls total $780,
$4,000; that the aggregate value Of
their product Is s442.149.000 annually I;
that on a total barrelage of 5o.2s7.121,
they paid to the United States taxes
in the year ending June 80. 1913.
amounting to s12s.2ss,s57. and that It
Is estimated that at the present rate
OF 80 q barrel the total amount of their
taxes payable to the United States for
the year 1919 will be over $301, 722, 900 I:
that closely related to the business Of
brewing such malt liquors are indus
tries such as the malt. hop-growing
glass-blowing and cooperage industries.
which In large part, II not In whole.
are closely related to and largely de-
pendent thereon. and that the total cap
ital invested In brewing and dependent
industries to the extent to which they
are dependent thereon, is In excess Of
one billion dollars"
The lawyers follow these statements
OF theory and OF fact with the utter
ance of the belief that the operations OF
the volstead act will necessarily and
Inevitably involve the complainant. It's
ONCE Is. agents. servants, employees and
customers in a multiplicity of legal pro-
ceedings; threaten It with the arrest
and dispersion OF It's staff of skilled
and trained employees. or coerce them
into quitting Its employ IN order to avoid
r,v-rx fru
other bsrassment under color of legal
proceedings; and threaten and involve
the destruction OF its business. the seiz-
ure of its property, the loss of its GUS
toners and the destruction of its good
win and property, all to the irreparable
damage of the complainant and its
stockholders: and that the damages re-
sultfng would be incapable of n meas
urement and adjudication at law"
For all OF these reasons the court IL
ssked to en1oin the Federal Attorney and
the Collector of Internal Revenue from
enforcing the wartime prohibition act
and consequently the new act to en-
force 1t.
United states I'm Counter Suit.
Another ideal proceeding growing
cut of the dry spell and more directly
out of the raids made by internal rev.
enue agents on Wednesday night. win
be brought to-day in the United States
District Court by Assistant Federal At
torney Earl B. Barnes. This contem-
plates nothing less than the use of in
functions to put out OF business per-
manently saloon keepers arrested and
convicted for violating the volstead
act. Mr.. Barnes will appeal to the
court to enjoin against the further OPP
Grafton Of such places as public nuis-
ances. and to empower the United
States Marshal to close up the places
and confiscate whatever liquor may be
fond. together with saloon fixtures.
The court will be asked also to Jail
any person violating the public nuisance
Injunction. no jury hearing being neces-
sary.
1t was stated by Mr.. Barnes that tho
purpose of the proceeding is to prevent
law violators from resuming the sale OF
liquor after merely paying a fine. The
first batch of the injunction suits to be
levelled against individuals contain the
names Of a few of the saloon keepers ar
rested on Wednesday night. including
tina Eastern Hotel, 81 WhitehalIfstreet I;
Thomas F. O'Brie-. 642 Bergen avenue.
The Bronx: William Woke, s246 Third
avenue; the American Saloon, John w.
Bowen, proprietor, 1856 Fourth avenue.
ard Michael Bernhard, 1880 Third ave-
nue.. Many additional suits will be
brought, Mr.. Barnes said.
II is probable that the whole wartime
prohibition situation from the legal
standpoint will be cleared up early next
week. Various hearings on injunetions
suits are already scheduled for next
Wednesday and the Rupert suit Is
likely to be set for early in the week.