The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-08-10
M'NUTT ACTION
BELIEVED NEAR
ON TAP BEER
Governor Prepares Request
for Legality Opinion,
StatehouSe Rumor.

Governor Paul V. McNutt today
was reported to be drafting letter
to Philip Lutz Jr., state attorney
general, asking for an opinion on
the legality of draught beer under
the state beer law.
Lutz has not amplified his state
ment to The Times last week that
he would lift the ban on draught
beer whenever asked for an opinion.
Meanwhile, retailers throughout
the city were installing equipment
for handling of keg beer. claiming
the inside tip" had come down that
draught beer would be permitted to
go on sale Monday.
Dealers Are Busy
Dealers from all parts of the state
we're reported attempting to make
arrangements with breweries in Mil
waukee, Chicago and Cincinnati for
the shipment of barreled brew.
Ignoring the Governors outright
intimation Tuesday that he was pre-
pairing to ask Lutz for an opinion,
Police Chief Mike Morrissey today
re-read his draught beer orders 10
the police force, including traffic
officers. insisting on immediate ar
rests" in any place where key beer
was put on sale.
Observers and lawyers pored once
more over the beer law and cast
their favorite theories as to how
Lutz would get around" the bottled
beer provision.
Discrimination Is LOophoIe
The most favored theory is that
Lutz will declare the law "discrimi-
natory" in its bottled beer provi-
sions. Lutz easily can declare any
one section of the beer law invalid
without injuring the effectiveness
observers insist.
The beer law has Saving
clause" making all other parts of
the law effective, despite any sec
ton which may be declared I'M
constitutional.
One clause Of the beer law is in
terpreted by lawyers to indicate that
hotels, dining rooms, restaurants, or
any eating place may sell draught
Der, because no bar on draught beer
has been set out.
The catch" they say, comes in
the other sections of the law which
prohibit the sale or transportation
of barrel beer by breweries, import
ers and wholesalers.
Snags Are Faced
Because of this and many inter-
locking parts Of the law, Lutz. it is
said. will be treading on dangerous
ground in rendering any decision,
in view of the theory that tamper-
ing with certain phrases may leave
Indiana bone dry" once again.
McNutt is said to have been in
f1uenced in his decision to ask for
a draught beer opinion by the great
amount of taxes which surrounding
states. selling draught beer. are COL
Letting. Indiana also is confronted
with a loss in taxes from bootleg
key beer" especially in the northern
part Of the state.
Should McNutt fail to ask for an
opil ion. many retailers in Indian
arolis assert they are determined to
put draught beer on sale, despite
the consequences.
May Delay Request
Comment was prevalent in the
statehouse today to the effect that
McNutt might not ask for an opin-
ion, in view Of the three Judge fed
eral court sitting today TO hear
argume , at South Bend in the
Abe Risen dispute.
Wei! informed persons, however,
pointed out that the court is sitting
merely TO determine the constitu-
tionality of the entire law, and that
the South Bend case has no bearing
whatever on draught beer.
The judges sitting in the South
Bend case are Samuel Alschuler and
Will M. Sparks of the United States
circuit court of appeals. and Robert
=, Baltzell of the southern Indiana
district.