The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-04-28
STATE BEER CONTROL ACT
IS VOID, JUDGE BAKER RULES
Provisions for Importers
and Rules for Sale Are
Illegal, He Says.
POINTS TO MONOPOLY
Court Declares No Penalty
Will Be Assessed If Food
Is Not Served.

is NOl SeTVeu.
By tHitcd Press
HAMMOND, Ind, April
2S.-Affidavits alleging that
contributions of $500 to the
Democratic campaign fund
are demanded from persons
seeking beer importers
licenses were admitted in
evidence by Judge Y. S.
Reiter today during a hear
ing on cOnstitutiOnality of
the state beer control act.
Licensing provisions Of the
state beer control bill and
rules regarding sale and con-
sumption of "three-two' beer
were declared unconstitutlon-
al too by Criminal Judge
Frank / Baker in a written
opinion.
The legislature has tried to do
by law what AL Capone did in Chi
cago with machine guns" Baker
declared, after reading his opinion.
In reference to the establishment
OF an excise director, and import
erS in established state districts, as
we'll as permits for breweries, Baker
held the law unconstitutional, Cit
ing provision of the Constitution
against state import or export
duties.
This is the creation Of mo-
nopoly, is in restraint of trade and
against public policy, and is uncon-
stitutional and of no force and
effect" the opinion said.
Lashes Importers Provision
Limiting authority of drug stores,
confectionerieS and others to sell
beer, but not to permit it to be con-
sumed on the premises, was held
void, with the comparison that the
legislature could not regulate con-
sumption of ice cream sodaS."
The opinion pointed out that sec
ton Al of the control bill provides
that sections not held void shall re-
main in effect, and on this grounds
definition and penalties for public
intoXication were held constitutional
by Baker
Following his remarks, Baker dis
missed charge of public drunkenness
against Gladys Townsend, Negro,
727 Ogden street, for lack of evil
dence."
Any one may import 80 per cent
beer without the permit of the leg
iSlature or the director created by
this act, and it may be imported in
bottles, kegs, or barrels, and the
legislature has no power to deter
mine otherwise the opinion stated.
Ruling Doesn't Change Law
In a statement after leaving the
bench. Baker announced his inten-
ton of freeing any one brought into
criminal court charged with viola
tions of the state licensing pro-
visions.
Any charges on manufacture, i'm
porting or sale of 30 beer without
a permit will be dismissed in this
court" Baker declared.
Does that apply to persons serv-
ing beer without food?" he was
asked by newspaper men.
Certainly. You might as we'll
legislate that lemonade can not be
served unless it is drunk through
straw" Baker replied.
However, my ruling does not
change the law, or its enforcement
for public drunkenness" Baker said.
These cases will be handled as
usual"
Wilson TO Enforce Law
Prosecutor Herbert E. Wilson was
present when Baker read his opin-
ion In a statement later, Wilson
declared that all violations of the
control bill would bring action by
his office.
There will be no letdown in the
enforcement of the law from this
office" Wilson said LAS long as
the police continue to arrest vio-
lators. we will prepare cases against
them and prosecute them in court"
The Townsend case was appealed
from municipal court three by Ed
ward McElfresh. county pauper at
torney. BY bringing the case into
criminal court, way was paved for
Bakers decision.
No defense had been offered in
the case that she had been drink
ing only So per cent beer, which
was basis of a defense n municipal
court recently, and overruled by
the court.
Bakers opinion cited that the
eighteenth amendment still is in
force regarding Intoxicating bever-
ages. thereby preventing any state
from regulating drinks of an in
toxicating nature.