New-York tribune., 1922-03-31
Dry Enforcers
Sue to Close
ReisenWebe1.'s s
Demand That Premises Be
Vacated for a Year Be-
cause of Alleged Repeated
Violation of Liquor Law
Will BE Test Action
Cafe Singled Out on Ac-
count of the Quantity Of
Evidence, Says Prosecutor

flrst steps looking to the closing for
a year of a restaurant against which
evidence Of repeated violations Of the
Volstead act has been gathered were
taken by the Federal authorities yes
terday, when Victor, House, Assistant
United States District Attorney. filed a
bill Of complaint in equity proceedings
against FIVE individuals and five corpo-
rations corrected with Reisenweber's
Restaurant. Eighth Avenue and Fifty
eighth Street. An effort will be made
to have the case given preference on
the civil calendar in the Federal courts
as test action, and the trial is ex-
pected during the April term.
Mr.. House said that he knew Of no
similar action in other parts Of the
country. Reisenweber's was singled
out as defendant in the test case, he
SAID, after series of conferences be
tween Prohibition Director Ralph A.
Day, Major John Holley Clark, head Of
the civil division of the United States
Attorneys office, and others. At the
end Of month it was decided that
while there might be more fragrant Of
tenders there was no restaurant
against which as much evidence Of vio-
lation of the liquor laws had been col
lected
Just what information the govern
ment has concerning Reisenweber's the
prosecutor refused to tell, but he ad-
mitted that an effort would be made to
rush the trial Of the prisoners taken
in four separate visits Of enforcement
agents to the premises in recent
months. The government believes that
the conviction of these alleged offend
ers would be of great value in substan-
tiating the charges in the affidaVits
prepared for the civil case.
The actual papers filed yesterday diff
fer only slightly from those IN the
900 other equity actions under the
prob ibition laws which have been de-
cided or are now pending in the Fed
eral courts. The only significant de-
Walton from the customary form is
the omission of the prayer for tenn
porary injunction such as was obtained
at the outset of the ohcr cases. Mr.
House explained that the government
wishes to 60 straight to the point and
find out at once whether the Judges IN
this district are willing to close the
premises Of frequent offenders.
Would Close Premises
The other injunctions. Mr.. House
said, were obtaine- merely "to hang
the sword Of Dame c es" over the heads
of bootleggers by confronting them
with summary Imprisonment for con
tempt of court for liquor law offenses
The defendants were enjoined only
from violating the statute and lost
nothing to which others were entitled
In this case, on the contrary, the gov
ernment hopes to deprive the alleged
offender of all benefit from his prop
erty for a year If the court grants
| the prayer contained in yesterday:
I complaint the Reisenweber premise:
cannot be used for any purposc unit
| the expiration of the appointed time.
In addition to closing the premise.
/ the complaint asks permanent injunc
/ ton to stop the maintenance of pub
lie nuisance in the restaurant and the
| confiscation Of such liquor as may bt
/ found stored there, followed by it:
CONTINUED on page three)