The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-01-13
.L|NDEMUTH SUSPENDS
FINES OF Z ITALIANS
ON LIQUOR VIOLATIONS

Thomas Portfolio and John Sinni,
Italians, workers on the Pennsylvania
railroad, we're fined 500 and costs
each, and liquor in their homes was
ordered destroyed, by special Judge
a. c. Lindemuth, in police court Fri
day morning. The 500 fines were or
dered suspended
Judge Lindemuth was appointed spe-
cial judge at the request of Will Rel
Ter, counsel for the defendants.
The two Italians had been arraigned
on charge of having in their posses
sion liquor containing more than one
half of one per cent of alcohol, the
maximum portion allowed by law. In
ruling on the case, Judge Lindemuth
said:
Merits Involved
Each case which comes before a
court must be decided on it's own
merits. ] have no particular feeling
for or against the prohibition law. |
feel that it is a good act, and as a
law it must be enforced. However, it
is no more sacred than any other Grim
inal statute.
Il think court has no right to
adopt policy in advance, enforcing
am particular criminal law, and there
lore it is not proper for the court to
say in advance what will be done in
such cases.
The only question in this case is as
10 the quantity of liquor in the posses
siod OF the defendants. AS the facts
ale given here it would appear they
have been manufacturing liquor for
domestic use, and had no greater
quantity on hand this year than in any
other year. The law provides for the
destruction of the liquor in such cases
as these, and a sentence in the discre-
ton of the court. | would not impose
sentence unless there was indicated a
disposition to violate the law"
Announces Decision.
The judge ordered the defendants
to be fined 800 and costs. the 500 to
be suspended, and the costs to be paid.
Officers carried out the courts order
10 destroy the liquor, shortly after the
trial
Attorney Keller said: This law was
brought about by the arrogance of
the saloonkeeper, and his interference
in politics. 1t also was helped by war
conditions. The legislature has gone
to extremes in this act The pendu-
lum swung to the utter extreme when
this law was passed.
"A new administration has come
into power. | commend it for the en-
forcement of the law. yet in the zeal
of that administration, these two
men have fallen victims to the cam
no ION
AS a matter of fairness and equity,
these Italians are entitled to the same
consideration as others living both
north and south of Main street. who,
it is matter of common knowledge.
have small quantities of liquor in
their possession
Argues Against Distinctions
Prosecutor Paul A. Beckett argued
against making distinctions in the en-
forcement of the law rs the Ameri-
can to be deprived of his whisky and
the German of his beer, while the Ital-
ian still has his wine?" he asked. The
customs of the old country should not
affect these men here. They are living
under our laws
After the state had closed its argu-
ment Attorney Keller said: Some en-
terprising American or Italian has
seen fit to peddIe to the police the
information that certain Italian had
this wine
Chief of Police Eversman said: RE
garding statements concerning higher
ups, | want to say that all anyone
has to do about such things is to give
up this information and we will do the
rest"