The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-07-06

The memorandum, written by
Fred A. Wiecking, assistant at
torney general, discloses that it had
been recommended by the Gov
errors liquor control advisory COM
mission that hotels be permitted to
dispense whisky by the drink and by
the package, if such sale could be
held legal.
The most curSory reading of the
alcoholic beverages act would in
dictate the answer to the first recon-
mendation must be in the negative"
the memorandum said.
Retail permits are restricted to
drug stores which must have been
operating under state pharmacy
board permit three years prior to
application for the whisky permit,
the memorandum held.
Quotes Disputed Clause
Proponents of package sale by
hotels invariably" the memoran-
dun said, point out a clause in the
liquor control act which reads as
follows: Unless the excise director
shall, in his discretion, deem it adj
visable to waive such requirements
Only the three-year operation
could be waived by the excise di-
rector. the Wiecking memorandum
said. and OBJ viously the second rec
ommendation also must be denied.
L am perfectly aware" Mr..
Wiecking told the Governor, that
a great number of people will dis
agree with my views, some honest
ly and others through motives OF
their own. The question of enforce
ment also will be raised. The news
papers have been commenting on
the fact that liquor is being sold
by the drink in hotels and restau-
rants.
Local Police Responsible
THE enforcement of Chapter 30
of the excise act is in the hands of
local police and local prosecuting
attorneys in each county of the
state, the same as all other crimes
and miSdemeanors. While it is true
that Section of Chapter 80 pro-
vides that the excise director shall
furnish information to law enforce
ment agencies of all violations COM
ing to his attention, it does not
mean that such local officers shall
stand idly by in the face of fragrant
violations and wait for such infor-
nation to be furnished.
The violations especially referred
to in Section 6 are the secret and
secretive violations and not the open
and notorious ones that any police
officer may observe and should
correct.
If there are violations of the
law responsibility for prosecutions
rests with local authorities. Where
police and sheriffs bring in violators,
and the prosecutors do not prose-
cute, judges of the CIRCUIT and
criminal courts have the inherent
right to secure justice, to empanel
grand juries and to appoint special
prosecutors to enforce the criminal
laws of the state.
Requirements Not waived
1T also is true that the excise di-
rector has not waived any of the
requirements for the issuing of per-
mits to include other than drug
stores for the retail sale of spirit
uouS beverages and the sale by per-
sons other than permit holders,
either by the drink or in packages,
is a violation of the statute. The
enforcement, as pointed out above,
is in the hands of local law en-
forcement agencies
Questioned Immediately after he
received the memorandum. Gov
ernor McNutt said that the attorney
generals office statement clearly
indicates that the problem pri-
marily is one for local officials.
The Governor asserted that if
local agencies fail in their duty
the state will use the two weapons
at it's command-beer license revo-
cation and the paddock
Paul Fry, state excise director,
had not received a copy of the
memorandum, when questioned.
Told of its contents, Mr. Fry re-
fused to commit himself on the
length his Office would go on en-
forcement.