Imperial Valley press., 1921-01-18
MAY LOOSEN
CATARACT Of
LIQUOR ON
COUNTRY
San Diego Business Man to
Bring Test Suit to Compel
Prohibition Officials To
Release Millions of Gallons
of Whiskey.

-
j. ]. Podesta, of San Diego and well
known to hundreds throughout the
Imperial Valley has started something.
BY action taken in Washington
yesterday Mr.. Podesta seems in fair
way to unset all of the efforts of the
friends of prohibition and to make the
endorsements acts of the dry officials,
and the operation of the Volstead act
nullity
The San Diego man is to test the
question under the Volstead act in
volving the whiskey acquired by him
before the law became effective, the
withdrawal of which from a bonded
warehouse in Kentucky was denied by
Prohibition Commissioner Kramer.
when Podesta asked for a permit to
ship home one barrel of bourbon which
he had bought previous to January II
of last year.
A mandamus proceeding, it is an
nounced, will be brought either in the
United States District Court of Ken
lucky or Maryland to compel the
prohibition commissioner to issue such
a permit, on the broad ground that
failure to do so amounts to confisca-
ton by the government of private
property and on the specific ground
that, whereas the Voltsead Act clear
ly intends to prohibit the manufac-
ture and sale of Intoxicating liquors
for beverage purposes, it was not in
tended to prevent the consumption by
the owners, of liquors lawfully &C
auired before the effective date of
that act.
w. jefferson Davis, widely known
lawyer, of San Diego, representing
Uodesta and others interested in this
went to Washington to
lay the ground work for the test case.
Prior to his appearance before Pro-
hibition Commissioner Kramer, he ap-
piled to Prohibition Agent Arthur O.
Kiete of Los Angeles, for the Podesta
permit. This request was referred to
State Prohibition Director E. C. Vel
lowley, at San Francisco, who upon
from Washington turned
it down. The record wass completed
today when Mr.. Kramer, in person, re-
jected the application.
The point to be settled by the Su-
preme court of the United States forl
all time is this: "Can the government
deny the right of the owner of liquor,
legally acquired before the Volstead
act became effective. but whose goods
are in distillery warehouses to with
draw them for his personal use as
may be done in the case of goods so
acquired and stored in safe deposit
vaults 2" The question will be tested
in the United State Supreme court"
If the court of final appeal, to which
this case eventually will go, supports
the view taken by counsel for Podesta.
at least 70 per cent of the liquor now
in distillery warehouses may be with
drawn by Ius owners for personal con-
officially made by the Internal Rev.,
enue Bureau. The remaining 80 per
cent. it seems. is the property of the
distillers or wholesalers who were un-
able to dispose of it before January
16, 1920, when the Volstead Act went
into effect,
Although the mandamus proceeding
is to be instituted by Podesta, it was
stated by his counsel today this liti-
giant is one of a group Of California
and Chicago business men, all of
whom are the legal owners of liquor
now held in distillery warehouses, but
who, for one reason or another, were
unable to withdraw it and transport it
to their residences before the enforce
ment law became operative.
If Mr.. Podesta wins in his conten-
ton, and from previous rulings of
the Supreme court, he seems to have
the best Of the argument, it will loose
upon the country millions of gallons
Of liquor now held in storage by priv
ate owners.