New-York tribune., 1922-07-08
Reisenwe eber's
Closed by Court,
Then Reprieved
Judge Manton DEGREES the
Cabaret Wet Nuisance"
but Suspends His Order
Locking Doors for Year
One Slip and It's Sealed
First Big Case Here Silences
Dry League Charge That
u. s. Is Afraid 10 Act

cation OF Assistant United States Dis
trict Attorneys John Holley Clark Jr.
and Victor House. yesterday signed
decree under the nuisance provision
OF the Vol.tead law closing Reiser-
webers Restaurant. at Columbus Cir.
Gle. for one year. The operation OF
the decree. however, was suspended
for ak months, during which time the
Fifty-eighth Street Corporation OPP
erntine the restaurant, will be under
81 900 bond 10 obey the liquor Laws.
Should liquor be found, handled or
sold on the premises during the six
months period covered by the bond
the decree Immediately becomes op-
cratiye and the two floors occupied by
the restaurant. a. 9Sl, 9s3 and
es5 Eighth Avenue. will be padloeked
and sealed by order Of the court Tor
one year. Relsenweber's is the hrst
establishment OF prominence in New
York City 20 be proceeded against IN
der the nuisance clause OF the vol
stead law.
Yearly Rental S27.o
In memorandum presented to the
court Attorneys Clark and House
quoted in full the resolution passed
by the Hotel Mems Association 10 the
effect that hotels obeying the Vol
stead law could not successfully com
pete with restaurants which we're ig-
noring the law. The memorandum
admits the contention Of counsel Tor
the restaurant corporation that inc
restaurant property represents an IN
vcstment OF 100000. on which the
yearly interest at 6 per cent would
amount to $4,000 and that the defend.
ant company pays an annual rental OF
s27 600
The decree names all parties in any
way interested In the premises occu-
pied in part as Reisenweber's Restau-
rant as follows: John Reisenweber;
Rcisenwebers, Inc; United Cigar
Stores Company Of America; White
Rose Baking and Restaurant Company
Inc: st. Regis Restaurant COMPANY
Inc: John Wagener, Walter hahen-
berg: Benjamin Uebcrall and LOUIS
Zalund and their agents and en-
ployees
Meet Leagues Challenge
Attorney House said that the Anti..
Saloon League had challenged the good
faith Of the government attorneys IN
prosecuting Reisenweber's and that II
had been asserted that the government
would not ask the extreme penalty
under the law. He called attention 10
the fact that the maximum penalty
had been asked and had been deereed.
In answer 20 the contention OF eoun-
sci for the defendant restaurant com
pany that an injunction would serve 70
give the government all necessary re-
lief in the premises, the government
attorneys inserted some interesting
data regarding liquor injunetions IN
their brief
Upward Of 1000 injunctions nave
been obtained in this district against
various places" they said. but the
number OF trials for contempt has been
less than twenty-five. owing TO the fact
TINT persons restrained either moved
after the Injunction order was OBJ
tanned or changed the nominal owner
shin OF the place, or so managed their
business that IL Is not possible for the
government agents 10 FIX upon them
personally violation OF the injunc-
ton. Il goes without saying that con-
victions OF irresponsible walters. either
under the prohibition act or for con-
tempt. have little or no effect upon the
real offenders
Regarding prices alleged 70 have
been charged for drinks at Reisen-
weber's the brief reads:
"The total actual loss 20 Reisen-
weter's during one years closure would
be about S35,000. This Is less than the
profits these defendants have made
from the sale Of liquor during the last
seven months.
"The evidence shows that liqvor
which certainly cost no more than $40
a quart was sold for at least $40 n
pint, and in some cases much more.
But IL SO pint were taken as the
average. 10 make their profit $4,000
IL would take only the seven months
during which the present defendants
have been the actual or nominal own
ers. and this would require only the
sale Of sixteen quarts Of liquor day