New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1920-11-10
INDICTMENT
'i'E, QUASHEl|D|.
zz4sa r.
ANTON BARTL is RELEASE
SEARCH 4. AND W SEIZURE
WAS ILLEGAL.
FEDERAL JUDGE w. F. BOOTH
SCORES U. S. PROHIBITION
- = - 49, IA
OPERATIVES.

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The Indictment returned against
Anton Bartl, until recently proprietor
of a local SPIT drink establishment on
Minnesota street, by the 81 Federal
grand jury at Mankato- recently, was
quashed by Federal Judge. w ilbur n
Booth in the u. S. court there, on the
grounds that the Federal prohibition
operatives, who had. searched Mr..
BartRs- place of business, early last
July, when they seized a quantitysssof
liquor which they alleged contained
more than one-half Of one per. cent Of
alcohol, had. taken this action illegally,
as they were not provided with the
necessary search warrant. Motion to
have the Indictment quashed was
made by Mr., Bartlsscounsel, j Attorney
HIN. Somsenof the local law firm Of
'Somsen, Dempsey & Flor. at the call
Of the court calendar. 81 Sa,
Based Upon Constitution.
This motion was based upon the
Fourth Amendment to the sConstitu-
ton of the United States, which reads:
THE right of the people to be secure
IN their persons, houses, papers and
effects, against unreasonable searches
and seizures, shall not be violated and
no.. warrant shall issue but upon
probable cause, supported by oath ser
afirmation,t and particularly describe
ing the place to be searched and the
persons or things to be seized. =,
!. 8. Judge Scores Operatives.
Judge Booth scored the two pro-
hibition operatives who entered Mr..
Bartl's refreshment parlor last July
and searched the premises, Selling the
quantity of liquor referred to above,
in spite of the fact that Nj. Bartl
had demanded to be shown papers
empowering the Federal agents to
make the search and seizure. The
two operatives snooPede through Mr. NJ
Bartl's safe, searched drawers and
shelves. opened a. door leading to the
basement and otherwise scrutinilzed
his place Of business. Upon granting
the motion to have the Indictment
quashed, Judge. Booth stated that that
these acts. of the Federal prohibition
agents were contrary to the Fourth
Amendment OF thefC Constitution, hold
ing that it was Of great Importance to
the citizens and property owners Of
the country that the. rights granted
the people by this ndment be he'll
| inYiolate. -s
VI Four Others Plead Guilty.
\ Arthur Schleif, Henry and Albert
4 Veigel, all Of New Ulm, pleaded guilty
4 to selling intoxica ting iquor and were
! fined $10Q each by Judge Booth. The
same fine was, assessed against Frank
a.. .schleif, also Of this city, for having
alcoholic: beverages in his possession
JohnsJ. Seifert Of the town Of Mil
ford, against whom the Federal grand
jury at .Mankato also has returned an
indictment for alleged violation Of the
prohibition amendment, is il and IN
able to be present in court. For this
reason. his lease was continued until
the next. terms1 80 ssss
EFT will be =remem bered that four
other proprietors Of local refreshment
| parlors pleaded guilty. to sviolations OF
| The prohibitions amendment shortly
after -thee indictments were returned
against them by the Federal grand
jury at Mankato. Thes,fne was 500
in each of. these cases. 5s'efs.s