The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1921-12-23
SLATTERY Wins
IMPORTANT CASE
Big Liquor Appeal Case Won by Unit
ed States District Attorney at
San Francisco.

John Slattery, United States dis
trict attorney, has won an important
victory for the government in liquor
law enforcement cases in the circuit
court of appeal in San Francisco, no
tice Of the decision having been re-
ceived Wednesday in the August Bech-
told case of Butte.
AS the result of this decision six
Butte men, convicted of manufactur-
ing liquor in violation of the internal
revenue laws, and who won their lib
erty temporarily during pendency Of
proceedings, must return to Jail and
serve out their various sentences.
The Bechtold case was taken into
court of appeals on behalf of all six
men on the grounds that the Vol
stead act, under the Yuginovich de-
cisiOn of the supreme court, repeal
ed parts of certain sections of the
internal revenue law, as regards the
manufacture of liquor for beverage
purposes.
Convictions were obtained under the
internal revenue laws, when it was
established that the defendants man
ufactured liquor The information did
not state, however, that the liquor was
intended for beverage purposes. Bech-
told was sentenced to serve nine
months in the county Jail and pay a
fine of $500.
Attorney Slattery went to San
Francisco last fall to argue the case,
contending first that the proceeding
was improper in that the sufficiency
of the Information could not be ques-
toned in habeas corpus proceeding,
no objections having been made or ex-
ceptions noted at the time of the trial.
Furthermore, Mr.. Slattery contended,
the complaint did not come within the
points determined by the Yuginovich
case, because no reference was made
in the information to the use to which
the liquor was to be put. Had the in
formation stated that the liquor was
being made for beverage purposes
when, under the Yuginovich decision,
the internal revenue law would have
no effect, since it has been replaced
by the Volstead act. However, the
Butte cases did not come within the
provision.
The court upheld Attorney Slattery
in all his contentious, holding first
| that "the record fails to show that
defendant by demurrer or otherwise
tested sufficiency of the indictment at
the time of trial or that he filed mo-
tion in arrest of judgment or in any
other way in the district court ques-
toned the legality of his conviction or
sought writ of error to review the
judgment against him."
The court accordingly declined to
endeavor to decide a question Of law
which should have been raised in the
district court at the time of trial or
judgment, adding that the defendant
might have presented the question to
the court Of appeals by writ of err
ror.
"Rarely in such a case will an ap-
pelate court on habeas corpus inquire
into the question Of the sufficiency of
the Indictment" the decision con-
tinued, and the higher court under the
Yuginovich case does not hold that
the indictment in the present case
fails to state an offense.
This decision is believed by Mr..
Slattery to end the cases, since it is
apparent, he says, that conviction can
be obtained under the revenue act un-
der the form of information used in
the Butte case. The ruling of the
court lends further confidence that
the government will win in similar
cases, involving a conspiracy, which
We're tried at Missoula and which are
now in the circuit court of appeals.
The Yuginovich case is again cited in
the Missoula cases. The new decision
is of great Importance since it indi-
Gates fine dividing line in the extent
of the repeal of the revenue law ky
the Volstead act.