The New York herald., 1921-04-30
100000 NRUM
SEIZED BY POLICE
Record Of Three Weeks Ex-
ceeds Federal Activities for
Entire Dry Period.
SOURCE OF SUPPLY NEXT
Drying Up of Canadian Border
Expected to Have Effect
on City Sales.

Police Commissioner Enright esti-
mated yesterday that during the three
weeks the police have been enforcing
the new State prohibition law their
liquor seizures have approached in
value the sum of $1,000, 900. This total
is nearly twice that represented by
the seizures of the Federal prohibi-
ton officers in New York during their
enforcement of the Volstead act over
period OF a year and half. 1t stands
100000. and 3,10o barrels, computed
as worth $6.20o,000, in addition to
numerous hogsheads and other con-
tainers collected by the police.
The Commissioners attention was
called to n presentment handed up
yesterday morning by the April Grand
Jury In which the jury stated that its
consideration of liquor complaints
pointed to 'the existence of well un-
derstood sources of supply and means
of transportation" and to the fact
that very few charges have been
brought against persons controlling
tbese factors In ihe liquor situation.
Mr.. Enright answered that 1t il this
phase of the prohibition problem TO
which the police are beginning to give
special attention. He said that several
sources of supply have been raided
within the last few days. and that In
spector McDonald's newly created squad
a
with the bootlegger.
Hope TO Dry Up the Border.
The action of the State Constabulary
in attacking the smuggling along the
Canadian border is expected to have
noticeable effect within very short time
upon the supply Of liquor reaching New
York from that source.
Corporation Counsel O'Brien has been
asked what is to be done with the
seizures so far made by the police and
at present stored in warehouses. AS for
the liquor they may confiscate hence
forward Deputy Commissioner Leach
notified Sheriff David Knott yesterday
that according 10 provision in the
Mulin-Gage act Judges are required
after a conviction TO make an order COM
pelling the Police Department TO turn
over all seized liquors to the Sheriff OF
the county. to be disposed OF ~ i'tc court
may direct, to county, Stat aul city
institutions for medicinal b.. oses."
Sheriff Knott declared he Wa going to
see his counsel about II.
A suit for 100000 damages against
Commissioner Enright and Capt. Charles
II. Mckinney OF the Beach street station
for their alleged illegal action in seizing
5000, 900 worth OF wines and liquors a.
40 Wooster street was filed yesterday by
counsel for Romolo Fanara. n wholesale
liquor dealer at 464 West Broadway.
Fanara was granted a temporary inJunc-
ton by Justice Delehanty restraining the
police from going on with the removal OF
the liquor seized by them.
Counsel for Fanara told the court
that his client dealt in wines and liquors
for other than beverage purposes and
that his Federal permit to do so had
never been revoked He said Capt. Nc
Kinney's men entered Fanaras store
house in Wooster street Thursday, and
with no regard for the papers shown
them commenced taking away the liquor
stored there
Judge Mcintyre UphoIas Law.
Judge John f. Mcintyre In General
SeSslOnS upnelu tne huiiln-1ake idNf
upon which there have been varying
court opinions, as constitutional Judge
McIntyre's ruling was made after ia
cob Laslter, lawyer OF zoe Broadway.
had argued demurrer In the case OF
Frank Betrito and Louis Unterfredo. the
frst two persons indicted under the new
act, I'm whose restaurant I'm Mott street
wine was seized a few days after the
law went into effect.
Lasker said he would appeal the case
and IL necessary carry II to the United
United States Supreme Court. He
charged that the provisions of the act
are an attempted invasion OF individual
liberty In that they place the burden
of proof upon the defendant, whereas
according to the law Of the land a man
accused OF any offence must be con-
fronted by his accusers and must be
presumed 70 be innocent until he Is
proven guilty beyond a reasonable doubt.
Judge Mcintyre pointed out that the
Muilin-Gage act is modelled upon the
volstead act. already upheld by the Su-
preme Court II will not set my opinion
against that OF the United states
Supreme Court" he said
7