The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-07-07
BY-DRINK BAN
TO RENEW DRY
EVILS, IS FEAR
Return of Corruption and
Graft ViSuaIiZed by
Liberal Vets.
TEST CASE IS PLANNED
Hotel Men to Appeal to
Courts: City to Attempt
Rigid Enforcement.

Evils which followed the futile
attempt to enforce national prohi-
bitiOn freely were predicted today
for the city and other communities
in the state. following the opinion
yesterday Of the encouragement
that by the drink" sales of hard
liquor in the state are illegal.
Acting on the opinion, Governor
Paul V. McNutt placed the burden
of enforcing the unpopular act
Squarely on the shoulders of city
and county authorities.
An aftermath of graft and cor
ruptiOn. with bOOtlegging surrep-
titiOusly carried on in licensed beer
places, was the picture drawn by
those who oppose police action
against the sale Of liquor in hotels
and restaurants.
Assertions by some officials that
enforcement Will be immediate fol-
lowed the action of the state gov
eminent in leaving the unwanted
founding the drink problem-up
TO the local authorities.
NIOrrisSey Is OutspOken
Chief Nike MOrrissey was out
spoken in mis- attitude on the prob
lem.
IF sale OF liquor by the drink is
a violation of the law we will en-
force it." ne said. However, We
will take it up with the safety board
and the city legal department to
see how far We can go. There
always will be the necessity OF
proving a sale. II is possible that
We may assign a squad to do no
other work than investigate by the
drink sales"
Law Is Ignored Here
Meanwhile, cash registers in va
riOus bright spots in town rang
merrily to the accompaniment Of
tinkling ice in long, cool drinks Of
highballs and rickeys.
Governor Paul V. McNutt called
upon local authorities to enforce the
law following the receipt of a MEM
orandum from the attOrney-gen-
erals office which stated that sale
of whisky by the drink" is illegal
under the state liquor control act.
The attOrney-general's memOran-
dunn added that the act only per-
mits the sale of hard liquor by the
package in licensed drug stores.
Mayor SuIIivan'S Views
Mayor Sullivan's attitude on the
problem was similar TO that ex-
pressed by his police chief Admit
ting he had not read the attorney
generals opinion. the mayor said:
We will enforce the law relative
to hard liquor whatever the law
may be"
Marion county officials also I'M
hesitatingly expressed themselves as
ready and willing to prosecute any
violations of the liquor act.
Reversing himself on a former
opinion given a year ago TO the eff
feet that the liquor control act was
Judge Frank P. Baker today said:
Urges Rigid Enforcement
There should be a vigorous cam
paign against the sale of hard liquor
by the drink in Indianapolis and
Marion county Immediately. These
establishments that sell hard liquor
by the drink are nothing more than
old-time saloons. The state liquor
control act was framed to prevent
the return of the open saloon and
saloon. regardless of the name We
may call it. is a place where hard
liquors are sold by the drink.
Prosecutor Herbert E. Wilson an
nOunced that his office vigorously
viii prosecute alleged viOlators OF
the liquor act and will cooperate
with the Governor in enforcement.
We i'll enforce the law relative to
the sale Of hard liquor by the drink
to the letter" asserted Sheriff
Charles Buck Sumner. These
fellows selling liquor have been
given A little privilege and are run
ming hog Wild"
Test Case to Be Made
Meanwhile. attorneys for the In
diana Hotels Association indicated
that the hotel men. who have ad-
vocated sale of hard liquor by the
drink in hotels and restaurants.
would make a test case Of the at
torney-generaTs opinion and carry
il 10 the supreme court, if it is en-
forced.
From other Indiana cities today
came opinions which almost unani-
mOuSly termed the attOrney-gen-
erals opinion 'unenforceable.' In
Gary. Police Chief Stanley Buckling
said that while his department
would cooperate with the state, the
law is no t"enfOrceable."
Prosecutor Otto w. KOenig. Fl.
WAYNE. said that he would take no
action until he had seen a copy OF
the opinion. In South Bend il was
indicated that if the enforcement
OF "by-the-drink sales is left 10
city and county authorities. no at
tempt at enforcement Will be made.