The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-11-30
paddock PROVISION
Is MOST EFFECTIVE
in SECURING RESULTS
The Punishment is Drastic, There are
No Tedious Delays and Abating
of Nuisance has Salutary
Effect on Other Violators
(Ohio American Issue)

Slowly but surely, the courts, fed
eral and state. are recognizing that
the paddock provisions of the dry law
is the most effective measure to be
used against persons who persist in
keeping place where intoxicants arc
illegally sold.
Here in Ohio where prosecuting at
torneys and local courts have. this au-
thority. the same as federal officers
and federal courts, it is being used
sparingly, but more and more The
officials are resorting to il. The same
is true of the federal courts Of the
state.
The more general use Of this big
club is due in a large measure to Miss
Mabel Willcbrandt, assistant United
States attorney general, in charge OF
all federal cases OF liquor violations,
and Mrs. Willebrandt is proving to
enforcement officers and to violators
that the paddock or nuisance provision
of the dry law provides quick and
drastic punishment.
What 1t Means
In plain English, this provision of
the state and federal law is to the
effect that when a judge is convinced
by proof offered him by proper agents
OF the existence OF nuisance which
means an outlawed saloon still selling
liquor, he can forthwith order the nui-
sance to be abated. 1t is needless to
say it is serious business for the saloon
to have abatement proceedings started.
The Judge names a day for the pro-
prietor to appear and show cause why
the preliminary injunctions against the
place should not be made permanent
for a year.
Mrs. Willebrandt explains the adj
vantages of the paddock provisions
over the old-fashioned indictment pro-
cedure. 1t is matter of affidavit
rather than of juries. 1t takes only a
few minutes to convince judge of the
innocence or guilt OF saloon under
the paddock provision, while it might
take jury, with all the delays that
60 with court procedure, months to
arrive at similar decision.
Do not forget that this injunction is
directed against property and not pro-
prietors. Once closed, saloon stays
closed, whether the property is rented
or owned outright. This paves the
way Of getting the avaricious land
lords who are willing to see the law
broken if only they can get the higher
rents which such places invariably pay.
How it Used to Work
Under the old method Of criminal
proceedings against the proprietor OF
q saloon, man might be sent to Jail
after six-months' trial in which the
saloon had been running all the time
and as soon as the proprietor was be-
hind the prison bars, his brother or
friend, or somebody else would be be-
hind the bar operating as usual.
But it is different when a place is
closed as q nuisance. The injunction
method provides greater penalties than
the maximum six months Jail term
possible under the criminal charge sys-
tenn. Furthermore, if the abated sa
loon opens up again, the person who
opens it is in contempt of court for
violating an injunction, and the prison
doors open to receive him.
Mrs. Willebrandt calls attention to
the action OF the United States attor-
ney in Chicago, and how he operates
under this provision of the Volstead
law. The judge sits for one week in
Chicago trying only liquor cases I'M
der injunction procedure. AS many as
158 soft drink places and cafes were
closed in one week. That same Judge,
working with juries, could not put
those $50 places out of business in
nine months.
1t Conserves Time
As Mrs. Willebrandt points out,
Jury trials offer two distinct draw
backs in liquor cases, particularly
where the evidence is overwhelming
against the defendant. The one is de-
lay, and the other it is found that
juries may not agree at all even where
evidence of guilt is practically con-
elusive.
when state and federal judges
have tried this system and given it a
fair test" Mrs. Willebrandt says,
'they are willing to admit its conser-
walton of time. With less expenditure
OF time and fewer delays that defend
ants can interpose, and with less scat
tering of effort on the part of enforce
ment agents, larger areas can be
mopped up"