The New York herald., 1921-02-25
HOME BREW AND
HIP POCKET ARE
SPARED BY STATE
Booze Legally Acquired
Safe in Home Under Miller
Enforcement Bills.
RABID DRYS BALKED
Excise Report Goes as Far
as Volstead Law and
No Further
ANDERSON ONLY UNHAPPY
Senator Gage So Sums Up
Final Draft as Handed to
the Assembly.
ANDERSON ONLY UNHAPPY
Special Despatch TO THE New YORK HEzALp
New York Herald Bureau,
Albany Feh pa

Special Despatch to THE New YORK HrnALD.
New York Herald Bureau.
Albany, Feb. "a.
The State prohibition enforcement
bills recommended by Gov. Miller are
now before the Assembly in their final
form. They were favorably reported
by the Excise Committee to-day, and
Senator Mullan, who introduced them
In the upper house. said they would
come out in the Senate next week.
They are to be made party measures.
The Senate Republicans. it is ex-
pected, will caucus on them Monday
night and the Assembly Republicans
Tuesday.
In the final draft Of the bills the
legislative leaders. have gone as far
as the Federal volstead act, but no
further. The most drastic provisions
have either been eased up or cut out
altogether and all of those restric-
tons which outdid the Volstead act
and were sought by the more rabid
Of the prohibitionists are eliminated.
The last amendment made to the bills
permits the keeping of legally acquired
liquor in hotel rooms. 1t reads: THE
tern, private dwelling shall be construed
10 include the room or rooms used and
occupied, not transientiy but solely as
a residence in an apartment house, hotel
or boarding house."
The home brewer will not be cut off
from his supply of malt and hops. An
attempt had been made to get pro-
vision in the enforcement legislation
70 stop or restrict the sale of malt,
but those responsible for the Governor S
bill declare that the bootleggers and not
the home brewers are the ones they are
after
Man Safe In Streets.
There is nothing in the measures
now which would authorize police
officer to "frisk" in the streets q man
he might suspect of having bottle
on his hip, and only on warrant can
mans house or place Of business be
searched and liquor seized. AS the
bills were first drawn a warrant was
not required.
The enforcement legislation in cts
6nal form is the result Of conferences
between Senator Mullan and Assembly
man Gage. the introducers, and the legal
main things II does are TO write the
volstead act into the laws of the State.
abolish the Excise Department and per-
nit a civil suit for damages In case
Of injury or death to a man. who has
drunk intoxicating liquor. sold or given
10 him.
I'VE have been able to satisfy every
body but william II. Anderson Of the
Anti-Saloon League" said assembly,
man Gage. chairman of the Excise Com
mittee. after reporting the three en-
forcement bills to the assembly. "He
wanted to go farther than the volstead
Act"
List OF Amendments.
Here are the latest amendments to the
prohibition enforcement legislation
Reducing the amount of bail required
from $1,000 to $500.
Permitting the purchase or sale OF
warehouse receipts covering distilled
spirits in government bonded warehouses.
Providing that in the case OF nonresi-
dents. United States permits to deal in
liquor must be filed with the Secretary
Of State. Residents must file them with
the County Clerks OF their respective
counties. No provision had been made
in the bill originally for nonresidents.
The clause that any police officer or
official who fails to perform his duty
in the enforcement of the law is liza BILE
to penalty Of 500 Tor each offence is
stricken out.
The original bills made il a nisde-
neanor for any person to forbid or pre-
vent free entry TO an "officer, helper or
assistant The words helper or as
sstant" arc cut out.