New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-07
Deals in Forged
Liquor Permits
Are Held Legal
U. S. Judge Manton Holds
Government Is Not De-
frauded; Will Make Dry
Law a Farce, Says Branco
Illegal Seizure Assailed
Kings Grand Jury Ordered
TO Investigate Searches
Made Without Warrant

Judge Martin T. Manton in the United
States District Court in Brooklyn
ruled yesterday that it is no violation
of the law to deal in forged liquor per-
mits. This opinion, if sustained by
the United States Supreme Court, to
which it is to be appealed by United
States attorneys, may throw hundreds
of cases out Of the courts. 1t will serve
to delay prosecution pending the Su-
preme Court ruling 1t is regarded as
one of the most important prohibition
opinions yet rendered
Judge William r. Bayes, in making
recommendations to the Kings County
grand jury, September term, ruled that
search and seizure without warrant is
illegal and asked the jury to invesN
gate such arrests. He also recon-
mended investigation of ordinations
of business organizations which oper-
ate to eliminate competition in prices"
Judge Manton's opinion was handed
down in the case of David Goodman,
of $50 Watkins Street, and Nathan
Helm, of 226 McDougal Street. Brook
lyn, indicted by a Federal grand jury
ON a charge of having sold a withdraw
al permit Form No. 1910, for 100
cases of liquor to Prohibition Agent
Joseph Ernestthal. The price paid was
$500. There were two counts on the
indictment. One count charged fraud by
possession of the permit, on March 30
NJ oh
to defraud the government.
Judge Manton's Opinion
The opinion of Judge Manton
ouashes the indictment on the ground
that the permit holder would have to
receive such blank form direct from
the Prohibition Director before there
would be any irregularity under the
law, or before the permit could release
any liquor. The opinion reads in part:
"Unless some action is taken which
an officer or employee of the govern
raent might take, having the effect Of
defrauding the United States because
of the possession of the forged permit
No. 1410. then there is no purpose Rn
the law, to defraud the United States
Assistant United States District At
torney Peter J. Branco, imm ediately
upon reading of the opinion, took meas
ures to appeal to the Supreme Court,
il necessary, to overrule this decision.
Branco said the courts decision
amounted to the statement that the
forged permit "could not be used for
bootlegeing purposes if the bootlegger
complied with the law"
Dealers in forged permits, he said,
made duplicate copies OF permits, send
ing ole copy by mail to the liquor
seller, SO that the seller could accept
it as coming direct from the prohibi-
ton director and hold it to account for
all his sales of liquor.
The opinion, if finally upheld, &C
cording to Mr.. Branco, will leave the
doors wide open for business in forged
permits and will make prohibition a
farce.
Assails Illegal Search
In his recommendation to the grand
jury, Judge Bayes said:
at must be borne in mind that the
law applies alike to all classes and
Individuals Nobody is above the law,
not even the enforcer thereof; no pur-
pose, however lawful. ever justifies
the use of unlawful means. For some
time there has been general complaint
of unlawful searches of person and
property without the issuance Of
search warrants in the manner pre-
scribed by law.
"The United States Constitution, in
Article w of the amendments, pro-
vides: 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 warrants shall issue
but upon probable cause, supported by
oath or affirmation, and particularly de-
escribing the place to be searched and
the person or things to be seized
Section 1893 of the New York Crimi-
nal Code provides that: "A search war
rant cannot issue but on probable
cause, supported by affidavit, naming
or describing the persons, and par
ticularly the property and the place
to be searched
"In my Judgment, in which | know
the District Attorney concurs, you will
be justified in inquiring into the cir
cumstances surrounding any case of
unlawful search and seizure that may
come to your attention, to the end
that you may determine whether the
law has been violated and what action,
II any, should be taken"