The New York herald., 1922-02-09
Green Tug Harbineer Is
Seized by Federal Agent
and Liquor Removed.
JOB FOR w. II. ANDERSON
State Prohibition Director Day
Would Like Anti-SalOOn
Man as Assistant.

trict Court in Brooklyn yesterday de-
MED the application of Piel Brothers,
brewers, for an injunction to restrain
the Federal authorities from interfer-
ing with them in the manufacture of
beer for medicinal purposes.
The brewers brought a suit in equity
against Ralph A. Day, State Prohibi-
ton Director; John T. Rafferty,, Col
lector of Internal Revenue; David H.
Blair, Commissioner of Internal Rev.
enue, and Wallace +. J. Collins, for
mer United States Attorney in Brook
lyn, intended to restrain these de-
fendants from the interference COM
planned of.
1t was argued by Piel Brothers that
on the strength of ruling by the At
torney- General, permitting the manu-
facture of medicinal beer. the company
had expended s6o,eoo on changes in It's
plant and in the purchase of necessary
supplies. The willis-c Campbell BILL the
passage of which invaldated the At
torney- Generals ruling. was described
by counsel for Piel Brothers as of
doubtful constitutionality. William NJ.
X. olcott. former Judge. argued the case
for the brewers, and the Government
was represented by Frederick l.. Kopff,
Assistant United States Attorney.
Rules on Beer ms Beverage.
Judge Garvin's decision was based
chiefly on the ground that beer must be
considered more as beverage than as
a medicine He referred to Congress
sonal investigation into the medicinal
properties of beer which was made while
the Willis Campbell bill was under con-
sideration.
little was then said" according to
the decision. ain its favor as thera-
peutic agent 1t may be conceded that
II has always been considered as a bev-
erage rather than as a medicine. IL any
Importance attaches to the amount con-
suned as n beverage as distinguished
from the amount required by those who
sought its medicinal qualities because of
the advice of a physician or of one who
had benefited from its use.
at would, therefore, appear that Con-
gress deemed this legislation imperative
TO accomplish effective enforcement of
the amendment and at the same time
was satisfied that there is little or no
value in beer either as a thera peutc
agent or as a galactagogue."
Judge Garvin held both the Volstead
and the Wilis-Campbell acts to be con-
stitutional.
The cruise of the green tug Har-
hinger with 800 cases of bonded whisky
under her decks, ended in Perth Amboy
yesterday. The Government decided
II wasn't really necessary for the Har-
binger to continue down the coast to
Nassau in the Bahamas. her ostensible
port. She put out from st. John N B.,
several weeks ago, and showed her
stubby nose into port at every conven-
lent stopping place until she reached
New York She was a small craft, il
was explained. and she had to have
water frequently
Saturday night, while the Harbinger
was In dry dock at Perth Amboy. the
Federal agents witnessed an attempt to
remove liquor from the tug A pistol
battle followed. The skipper and a man
said to be owner OF the tug. with mem
bers of the crew, were arrested.
When the Harbinger was seized yes
terday by sam n. Cone. Federal prohi-
bition agent, it was found that the cases
had been unpacked and the bottles of
whisky placed in the after hold. The
liquor later was removed TO "A Govern
ment warehouse in Newark.
According to Deputy Surveyor Jack
son, the Harbinger's papers. clearing
her from ST. John to Nassau. are in
good shape and there is no law to pre-
vent her from putting in frequently at
American ports for coal and water.
Anderson as Assistant.
Ralph a. Day. State Prohibition Di-
rector. yesterday followed UP his letter
70 William II. Anderson requesting that
the Anti-Ssoon League suggest a man
for the post Of Assistant Director with
the statement that he would be glad to
have Mr. Anderson as his assistant
When Mr.. Anderson was asked last
night what he had to say TO this pro-
posal. he replied that Mr.. Day was very
complimentary" Beyond that he would
not commit himself.
The explosion of what was believed to
he liquor still blew out the walls OF the
kitchen and set fire to an apartment at
300 East Twenty-cighth street yester-
day. Frank d. Alto. a tailor. and his
mother who occupy the apartment. had
their hair singed by the fire Alto was
arrested and charged with violating the
State liquor law Magistrate Sweetscr
in Yorkvlle Court held him in 81 900
hail for Tho Grand Iurv