Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-10
bAvAR|AN REVOLT
PROVES A F|zzLE
JURY DENIES SECOND ATTEMPT
Stokes TO DIVORCE HIS Wife
RULES SEIZURE
BREWER|ES ILLEGAL
IN PHILADELPHIA

Philadelphia, Nov. 9-After prohi-
bition agents had announced the
seizure today of IA breweries in and
near Philadelphia, Federal Judge Nc
keehan rendered a decision that It
was Illegal to seize the entire plants
of brewing companies. Holding that
search warrant authorizes prohi-
bition agents to seize only intoxicat-
ing liquors Illegally manufactured
and the appurtenances necessarily
used in the manufacture, Judge Nc
keehan advised federal prohibition
authorities TO use some discretion
and Judgment in the execution of
such warrants and warned them
there was penalty of fine or i'm
prisonment for exceeding their au-
thority.
The decision came like a thunder
bolt to the big squad of prohibition
agents assembled here from different
parts of the country and who had
planned to make other seizures in
the governments nation wide move
ment to enforce prohibition. None of
them were prepared tonight to say
what effect, If any, the decision would
nave on their plans or on the seizures
made today
Judge Mckeehan's ruling was in
the case of the Mellett and Nichter
Brewing Company, Inc, of Pottsville,
"a. He held that the seizure on Sep
TENDER Is by prohibition agents of
the company's whole plant on search
and seizure warrants was illegal and
ordered the United States marshal,
who had placed guards around the
nj ite, I,
corporation. to leave the premises
and turn the property over to the
company. together with every article
oStensibly under seizure.
search warrant. the coure de-
clared. does not authorize an officer
to seize the real estate. plant and en-
tire equipment, regardless of it's uses,
particularly in u case where a brew
cry has a permit to manufacture beer.
The Mellett and Nichter Company
have such a permit and Judge Nc
heehan said it was still in force.
III the company violated the law"
the court said, lone of the steps the
government should have taken in the
matter was to have the permit re-
voked. but this was not DONE"
AS to the illegality of the seizure
of the whole plant, Judge McKeehan
said:
Il am of the opinion. first. that
beer and property used in the MAX
ing of beer. while in the possession
and on the property of brewing
company holding a brewery permit
issued by the United States Treasury
department cannot lawfully be
seized under a search warrant issued
on an affidavit charging that beer in
excess of the authorized alcoholic
content is being illegally taken away
from said brewery; and second. that
irrespective of a permit, the seizure
of the real estate and entire plant
and equipment of this defendant.
under the guise of warrant of
search and seizure, was illegal"
The first point, Judge McKeehan
said. had already been decided by
two federal district courts, and he
concurred in the ruling.
IF the company violated the terms
of its permit" Judge McKeehan
pointed out. "the government had a
remedy to correct the abuse by petit
tioning the internal revenue commits
sioner to revoke the privilege. This
remedy cannot be dispense with by
means of a warrant of search and
seizure