Evening star., 1926-04-08
Jury TRIAL DENIAL
IN MINOR LIQUOR
CASES PROPOSED
Buckner Makes Impassioned
Appeal for Move Before
Senate Inquirers.
DESPAIRS OF SUCCESS
OF PRESENT PROCEDURE
Says Cost of Enforcement in New
York Could Be Cut to SIS.
100000 Yearly.


Closing two days of eloquept testi-
mony before the Senate judiciary
subcommittee inquirng into proposals
Cor the modification of the Nolstead
law, District Attorney Emory f..
Ruckner of New York today made
an impassioned appeal for the anoli-
lion of jury trials in petty prohihi-
ion cases: higher salaries for pro.
ahition agents and more Judges and
courts in New York state ;f the
'aw is To be adequately enforced,
The witness estimated that the an
nual cost to New York State IL jury
trials were not abolished would he
$4,000, 900, and that 81 courts and
$50 additional Judges would have to
he employed. With the abolition of
the trial by jury in such cases and
the establishment If courts similar
to the Special Sessions Court Of New
York City, the cost of enforcement.
including prohibition agents pay.
would be reduced to sl5 900 900. the
witness declared.
In Despair Over Task.
The tone of the district attorney s
testimony today was one OF despair
over the task given the skeleton
force of agents In enforcing the law
and the difficulty in Obtaining convic-
tons. direct slap at the assifica
ton of guilty pleas and fines as "con-
rtctions" was given those organiza-
tions' who use these instances as
arguments for the effectiveness Of
prohibition.
II think" said the witness. that
The calling of plea Of guilty 'convic-
ton and spelled with capital c. in
the records of the Department of JUS
tice and used by those orga nizat tions
throughout the country as arguments
In favor of enforcement is very mis-
leading. In my judgment. plea of
guilty and fine is not n conviction
from the standpoint of a prosecutor |
have collected s265 900 in fines, and |
don't point to 1t with pride. I am
ashamed of 1t. I am much more proud
of the $50 men | have put in Jail. AS a
prosecutor, | don't want any of the
dirty money OF a lawbreaker A prose
cutor should want the mans liberty
for violating the law 9
Al the outset of today's session.
Senator Means of Colorado. chairman
of the subcommittee. declared he was
"astounded" at the figures given yes
terday by MIR. Buckner, which showed,
according to the witness. there were
10000. 900 gallons of alcohol diverted
annually to the bootleg trade.
Questions Reasoning.
II have reread your testimony said
the Senator and regard il as of
such Importance as TO ask you how
YOU arrived at that estimate and how
you got those figures"
t,s-tt
ending June 80. 1920. showed 81 900 900
withdrawn from distilleries on permit
and that on June 30, 1928, $4,000 900
gallons had been withdrawn under the
same condition. That leaves a dis.
crepancy Of & 900 900. he explained.
and careful study of the apparent
legitimate uses of 1t In the arts. chem.
istry, automobiles. etc. before the war
leads to the conclusion that the an.
nual increase for these purposes was
1000. 900 gallons year.
We, therefore, thought a suitable
growth In the use of alcohol for in
dustrial purposes in the last five years
would he 100000 gallons. Twenty.six
from IS leaves $4,000, 900 gallons un-
accounted for"
But" interrupted Senator Means.
the Government records show that
$4,000, 900 gallons were withdra wn last
YEAR for anti-freeze solutions in auto
mobiles
That's tast where the niger in the
woodpile is, replied the witness, amid
laughter.
Doubts Amount Usable.
Gould that amount have been used
in automobiles for anti-freeze?" asked
Senator Means
You've got to study the industry.
We had lots Of automobiles in 1927
and 1922 and our figures for the uses
Of alcohol have taken into considera-
tion the growth Of automobiles. But
] will send YOU memorandum on
that subject
Senator Harreld Of Oklahoma asked
if the 10000. 900 gallon estimate was
\ha Sed on the assumption that every
gallon was diluted. double or triple.
No. sir replied Mr.. Buckner.
Its pure alcohol. | don't assume
bonded distillery sells diluted alcohol
Reading from a memorandum which
he said was given to him personally
by Gen. Lincoln c. Andrews. which
the latter used in an argument for in.
creased appropriations for enforce
ment. Mr. Buckner said in Philadel-
phia where there is State enforce
ment law. agents deprived the liquor
traffic of over 100000 gallons of alco-
hol month.
This represents $50. 900 900 a month
collected by the bootleggers." said MIR.
Buckner. who explained the activity
tool place last August. Here you
have mere vest-pocket squad reduc-
ing. without any effort. 100000 gal
b Ions a year in Philadelphia and l5,-
100000 gallons a year in New York
and Philadelphia. This is slightly
more than one.fourth Of my estimate
of $4,000. 900 gallons which has been
and will he attacked by other wit
nesses.
Warns Against CreduIity.
But YOU must not he too quickly
rushed off your feet by talking about
anti.freeze. when these men get 49,
900. 600 gallons from the two cities. l
should be very much surprised If 60,-
600. 900 gallons Is not accurate. May
I've its 5s,0oo,000. III even take So.
600, ,0o0."
Tonics Not Included.
Senator Reed of Missouri wanted to
know il the 60, 600, 900. gallon estimate
embraced alcohol specially denatured
for perfumes, tonics and lotions and
had been redistilled for beverage pur-
'posee.
go Far as we know, no." replied
Continued on Page Z, Column 81