New-York tribune., 1920-11-09
Liquor Decision Lij'eIy
TO Reriue Locker System
Clubs Planning to Stock Up
From Pirate Stores: 4. $.
PrcD0ycs to RPf!!rn Bcr2vnuP

PREPARES to Refurn Beverage
While the decision of the United
States Supreme Court is not expected
to loosen the Federal grip on millions
Of gallons Of liquor in bonded ware
houses il TINS city. it carried Il warm
ray of hope for those who have large
stocks of cheering liquids LAID away
in safe deposit faults. country homes
and in other places outside of their
immediate dwellings,
Justice Clarkes ruling, which is the
first favorable word the vets have
heard from the bench since the liquor
battle began, was particularly pleas
ing to resident club members, who re-
cardcd it as the long sought-for solu-
non TO the dry locker problem.
A. several Of the larger clvbs il
town last night there were damp cele-
hrations and the joyous assertion
morning" was frequently heard. The
nineteenth hole is expected to be re
vived.
Many men living at clubs invested
heavily in all sorts OF liquors before
prohibition became effective and had
he stuff stored away in private ware
houses in the belief that they could
rave it moved to their lockers in com
paratively small quantities as it was
needed. They found that the Fedora
agents were not only prepared to stop
this, but the stored liquor was seized
by the government and sent to bonded
warehouses.
Frank L. Boyd, Federal prohibition
enforcement officer, said last night that
cvcry bottle of this liquor was stil in
the governments possession and would
be returned to the owners as soon as
a court order to that effect was issued.
Mr. Boyd would not speculate upon the
amount of stored drinkables that Judge
Clarke's decision probably would re-
lease, but a prohibition headquarters,
on West Twenty Street, it was
said that it was "enourh TO give New
York quite a jag"
That intoxicating liquors now can
be stored in club lockers, providing it
was acquired before January 16, 1920,
and is not sold or Illegally disposed Of,
is the view taken of Judge Clarke's de
cision by Joseph S. Auerbach, of the
law firm Of Davies, Aucrbach & Cor
nell, who argued the Street case before
the Supreme Court.
Mr.. Aucrbach refused to make any
Washington until he had studied the
opinion. Mr.. Boyd also refused to dis
cuss the decision for the same reason.
Assistant United States District At
torncy Earl B. Barnes, who opposed
Mr.. Streets motion here for an in
junction restraining prohibition OFF,
GERS from interfering with his private
liquor stocks, was not inclined to at
tach any great Importance to Justice
Clarl.e's ruling.
81 don't think it viii mean much to
othcr,' Mr.. Barnes said. "The deci sion
affects only those persons who had
stocks Of liquor in private storage be
forc January IS last and reported these
stocks to the government. never did
consider the street case a very impor-
tant one so far as the general question
of prohibition is concerned
'If the new ruling gives the right of
transportation between the dwelling
and the place of storage it will natur-
ally be q great convenience to a few
persons of wealth and foresight who
laid by large quantities of liquors fo1
private use. ] think it will be found
however, that there is no very great
amount of intoXicants stored in pri-
vato warehouses"
William G. Street, who brought the
action which resulted in Yesterdays de-
cisi0n, is railroad director and
liNancier Of considerable prominence
He is a member of many exclusive city
and country clubs. He makes his home
at the Racquet Club, - West Forty
fourth Street
According to Mr.. Auerbach a larg,
stock Of rare wines and liquors hac
been accumulated by Mr.. Street Ion:
Soforc the possibility Of the t,ighteenti
Amendment ever was considered.
greater part Of this stock was place,
in the Lincoln Safe Deposit Company
in East Fortv-sccoud Street Whcl
prohibition became cifcctiv6 the com
pany, acting on instructions from tn,
enforcement agents, notified Mr. stree
That the liquor would have to be re
moved.
Relief was sought in the Unite,
States District Court here, and Jude,
Knox, who heard the case, upheld til,
prohibition agents. An appeal va
theM taken 10 tho Lnited Statns Su