Evening star., 1924-04-07
LIQUOR RAIDS STIR
UP LEGAL MUDDLE
CaIIan Defends Bail Bond
ReIeaseS-Gordon Believes
RearreStS Probable.

Out of the whirlwind liquor raids
of the week end which netted liquor
valued at $4,000 and 123 charges
against ninety-one persons, there
developed today a storm of charges,
countercharges, disappointment and
official disturbance in many quarters
over the legality of release on bond
by United States Commissioner Cal
Ian of thirty of the persons brought
before him.
While Commissioner Callan today
was stoutly maintaining that his
procedure had been legal. and all
that was lacking was the customary
signature Of prohibition agents to the
complaints in question, prohibition
agents refused to sign the documents
and District Attorney Gordon de-
clared the bonds so far were null
and void
The persons would be subject to re-
arrest, Maj. Gordon said. as there
were now, in his opinion, no charges
pending before the commissioner. The
prosecutor intimated that the matter
might be corrected by the prohibition
agents officially filing their charges
At the prohibition unit, however, it
was said that the agents would not
be allowed to sign the complaints,
since it would be illegal and the pris-
oners had been released before the
agents signatures had been demanded
by the commissioner.
Callan Explains Stand.
On the other hand, Commissioner
Cal1ap dacIara1 arppbo tioo1J,, tb,. -
had been the practice for some time
to release prisoners on bond, and
later to secure the signature of the
federal agents on the official COM
plants.
Wide difference of opinion devel-
oped on this point, one school of
thought holding that it would be alb
solutely illegal for the commissioner
the filing of the official complaint
with the signature of the federal
officer.
Others contended that it would be
legal for the agents to sign even
now, at this late date after the re-
lease, under an old precedent, "nunc
pro tunc." meaning now for then
Opponents declared this procedure
could be followed in certain legal
cases, but that it was impossible in
hands of Commissioner Callan.
Commissioner Callan. in defending
his action, said that one of the pro-
hibition agents had promised, prior
to release of the prisoners, to sign
the necessary papers when the rush
of the raid was over.
Most of the prisoners so released
were given their freedom at the End
precinct station, where the commits
sioner took bonds and released the
prisoners as they were brought to him,
waiting, he. said, for the Customary
signatures later.
Macdonald Issued Warrants.
Another point of unuslal procedure
arose over the fact that the search
warrants had been issued by United
States Commissioner Macdonald, and
the prisoners had all been taken before
Commissioner Callan.
This was explained in some quar-
terS as being due to the fact that
Commissioner Macdonald does not
take cases of first offenders, turning
avoid congestion in the Federal Dis
trict Court.
Commissioner Callan, however, said
today that of the thirty prisoners SO
released by him, most of them were
women, and none were first offe enders.
vestigated by the Office of the Dis
trict attorney, it was indicated to-
day, before any action looking to-
ward the rearrest of the persons in
question will be taken.
There were indications also that
the investigation will look into the
subject of bondsmen, who appeared
for those released. Some of these
hondsmen, according to the court
records, are not permitted under le-
gal limitations to give bond for pris-
oners before the Police Court, yet
they appeared for several before
Commissioner Callan. These bonds
men were defended today by Com
missioner Callan in discussing the
matter, as thoroughly qualified for
the procedure which they took.
91 Arrested in Raids.
OF the ninety-one persons arrested
in the cleanup raids, seventy-four
were colored and seventeen white,
the records revealed today
Sergt. L. /. III. Edwards, in charge of
the more important records in Maj.
Daniel Sullivan's office, estimated the
seized mash and liquor at trifie
more than 1000 gallons. Most of the
whisky was of the moonshine corn
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