Milford chronicle., 1921-06-24
COURT OPENS WAY
TO BAR MEDICINES
DECIDES The AUTHORITIES CANNOT Be
ENJ0YNED FROM SEEING INTOXI-
CANTS ILLEGALLY SOLD.
NO PROSECUTION REQUIRED
RULING GIVES PROHIBITION COMMIS-
SIONER POWER TO STOP ALI SALES
WITHOUT MAKING ARRESTS.

Broad and sweeping powers to re-
strict and eventually eliminate the sale
of intoxicating beverages masked as
medicines were granted last week to
Prohibition Commissioner Roy A.
Haynes by Justice Wendell P. Stat
ford, in Washington, D. c., in decis-
ion denying Ferdinand Appel, prOpri-
etor of a near-beer saloon, an injunc-
ton to restrain Joshua w. Miles, Col
lector of Internal Revenue from seiz-
ing the saloon and selling it's contents
to pay tax of 1882 for the alleged
illegal sale of liquor.
While the suit was filed against Col
lector Miles, the effect of Justice Stat
ford's decision, according to Assistant
District Attorney Charles w. Arth, is
to place in Commissioner Haynes's
hands a powerful and iRcOntestable
weapon against the sale of hOrke vino,
peppermint cOncOctiOns, fruit eX-
tracts, &C., such as are now being sold
by fruit and delicatessen stores all
over the country.
To put a permanent stop to these.
cOncOctions being sold as beverages,
Mr.. Arth stated, the Prohibition Com
missioner has only to obtain the Co
operation of the Collector of Internal
Revenue.
Agents of the Collector, it is stated,
must first visit place under suspie-
ion and determine whether or not
these preparations. are being sold as
beverages it is contended that
in almost every instance they are be-
ing sold as such-and report to the
Collector. If the report shows such
sale, the Collector notifies the mer>
chant that he must pay a tax for this
illegal SALE If the merchant refuses
to pay the tax, the Collector, without
even making charge against the mer-
chant, can seize his stock and sell it
to recover the tax.
Justice Stafford decided in the APP
pell case that no court could enter
tain suit against the Collector to re-
strain the collection of this tax, de-
claring that Section 1924 of the Revis-
ed Statutes plainly stated that this
could not be done.
Mr.. Arth stated that taxes assessed
against some of the merchants whose
business had been investigated by the
Collector run as high as $4,000, and
unless this was paid Immediately the
stocks of these merchants would be
seized to pay the tax, and mo court |
on earth can stop the proceedings"
The action of seizure and sale of the |
stock of a merchant who, in the op-
inion of the Collector, has illegally
sold these beverages is declared en-
tirely Independent of any criminal
In the Appel case no ar
rest was made. His place was raided
by the police after agents of the Col
lectOr had been satisfied that he was
selling the prohibited medicines"
and wagon load of alleged intoxicat-
ing liquor was cOnfiscated.
1t is not necessary in any case, ac-
cording to Mr.. Arth, for suspected
to be arrested. The Volstead
act need not be invoked at all. The
merchant must pay the tax. After the
tax is paid, he may sue the Collector
to recover it. If stock of goods is
sold in default of the tax, the proceed
IRE against the Collector is the same.
Thus Commissioner Haynes may,
without instituting a single criminal
wipe out the sale of
.hese intoxicants.