New-York tribune., 1921-04-20
State Dry Laws
Attacked as Not
Constitutional
Attorney, in Demurrer,H Holds
Mullan- Gage Measure Is
Confiscatory; Conflicts
With Federal Statutes
Police Arrests Pass l,4OO
Much Liquor Taken Illegally
Will BE Returned; State
Must Stamp u. S. Permits

The first step in a test Of the validity
of the Mullan- Gage laws was taken yes
terday. The new law was attacked as
ing defendants the right of replevin
by Jacob Lasker, counsel for Frank
Betrite and Louis Unterfredo, the first
persons indicted under it.
They are proprietors of place at 40
Mott Street, where the police seized d
quantity of wine. Upon their arraign-
ment yesterday in General Sessions, on
an Indictment charging violation of the
state law, their counsel filed demur-
rer in which he attacks the law.
Mr.. Lasker said that he will endeavor
to show that the Mullan- Gage laws con-
fict with the code of criminal proce-
dure and with the Federal law. He
said that if necessary he would take the
case all the way to the United States
Supreme Court.
Judge Mcintyre fixed April 2s as the
date for arguing the motion, and di-
rected the District Attorney to submit
brief
Attack Is Made General
Mr.. Lasker said out of court that in
filing the demurrer he was subordinate
ing the incidents in his clients case
to a general and broad attack on the
new law"
Acting District Attorney Joab H. Ban
ton, discussing the test, said that con-
y IL <x.A- o..l i
be attached to it, but he believed the
new dry laws would be upheld. He
said he did not consider the points
raised in the demurrer we'll taken.
Arrests by the police in the twenty
four hours ending yesterday morning
totalled 119, it was reported at the Of
fee of First Deputy Police Commits
sioner John Leach This makes more
than 400 arrests since the crusade
began.
Mr.. Banton said last night that it is
highly important that persons holding
Federal permit have it stamped by
this is done. liquor stocks may be con-
fiscated under the state law, even
though legally held under the Federal
law. Nom residents must exhibit their
permit to the Secretary of State and
have it stamped by his office.
1t was learned yesterday numerous
stocks of liquor legally held under the
Federal law have been seized by the
police, and the Office of Federal State
Director Charles r. O'Connor is being
besieged by attorneys for the liquor
owners to straighten the matter out
Liquor Will Be Returned
The police have confscated a number
Of stocks held under Federal permits
which on their face expired on Decem-
Der 81, 1920 Director O'Connor said
these permits are valid in every case
where an application for renewal has
been filed and not disapproved. Acting
District Attorney Banton said the suf-
ferers from this form of police zeal
but warned others to have their per-
mits stamped by the state to avoid
similar inconvenience.
The first search warrant in a civil
proceeding in New York County under
the dry act was issued to the Police
Department yesterday by Supreme
Court Justice F. B. Delehanty 1t is
understood that it was executed yes
terday and twelve barrels of wine were
seized. The warrant was made return
able May in Special Term Part II of
the supreme Court. At that time the
police will endeavor to establish own
ership of the liquor and bring crm-
nal proceedings. If ownership is not
established the liquor will be confs~
Gated by the court.
Grand jury to Act To-day
The grand jury's time was entirely
occupied yesterday by homicide cases.
but to-day it will hear the first cases
in which indictments for selling liouor
are sought under the Mullan- Gage laws.
Heretofore all OF the indictments have
been for possessing liquor About
thirty cases in which selling is charged
have been prepared for presentation by
Assistant District Attorney Albert B.
Unger.
The first dry law indictments in the
state outside of those handed up in
Manhattan were returned yesterday bv
the Bronx County grand jury. Six
persons, all saloonkeepers, were in
dlcted, it is reported. 1t is understood
that thirteen cases were presented to
the grand jury. An Indictment was
found in each of the first seventeen
cases presented to the New York
County grand jury.
A five gallon jug of hard cider held
in the Morrisania police station, in the