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The American issue. [volume] (Westerville, Ohio) 1912-19??, September 26, 1919, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn2008060406/1919-09-26/ed-1/seq-1/

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f 0 1919 —
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Volume XIV. WESTERVILLE. OHIO. SEPTEMBER 26. 1919 Number 19
BEER MEN ON TRIAL
LANDIS EXPOSES BIG |jQUOR CONSPIRACY
Beer Smugglers Lose Trucks and Are Held to Grand Jury With Beer
' Makers and Sellers. Boomerang Case Brings Great and Small Into Court
EFFORT TO REGAIN TRUCKS CAUGHT AT
ZION RESULTS IN CONSPIRACY EXPOSE
Judge Landis Calls Big Brewers to Testily on Alcohol Con
tent of Beer and Methods of Bringing Product into Illinois
DOZENS INVOLVED IN VIOLATION OF FEDERAL LAW
HELD TO GRAND JURY FOR TRIAL UNDER BIG BOND
Chicago Brewers Shown lo Have Made and Sold Illegal Beer Since War
, Prohibition and Illinois Law Became Effective
%
CHICAGO COURTROOM SCENE OF GREAT LIQUOR TRIAL
WHAT HAPPENED WHEN ATTORNEYS FOR BEER SMUG
GLERS TRIED TO GET THEIR TRUCKS AWAY FROM
ZION CITY OFFICIALS TO SAVE THEM FROM DE
STRUCTION UNDER THE ILLINOIS PROHIBITION EN
FORCEMENT LAW
Truck drivers and owners held to the federal grand jury under
$13,000 bonds for violating the Wcbb-Kenyon law.
Dozens of Chicago and northern Illinois saloonkeepers held to the
grand jury charged with violation of the hcderal Prohibition law.
A Kenosha, Wis., wholesale beer dealer held over to the grand
jury under $20,000 bond charged with conspiracy to violate the Wcbb
Kenyon law.
An Illinois State Senator placed under $20,000 bond and held over
to the federal grand jury for conspiracy to violate the Wcbb-Kenyon
j law.
- - Officials of big 'XliTwaukce breweries"rSTTefl tfito 'coufi to testily
t on alcoholic content of their product and manner in which same
I I reaches Illinois customers.
** Evidence that a Chicago brewery made and sold beer over legal
limit since July 1st.
Chief of police of Chicago invited into court to hear testimony on
violations of liquor law.
Several weeks ago officials at Zion City captured about a dozen becr
laden motor trucks on the way to Chicago. Attorneys for the truck owners
secured a temporary injunction under which the trucks were released to
their owners through the appointment of a receiver. The case was heard by
Federal Judge Sanborn of Wisconsin who was called into the case during
the absence of the local federal judge. Upon the return of Judge Landis,
attorneys for the truck owners came into the federal court and asked to have
the temporary injunction made permanent. When Judge Landis learned
that the trucks had been engaged in transporting beer from Wisconsin into
Illinois he ordered Wisconsin brewers and their agents into court to tell
what they knew about the rase. This started the investigation which ex
posed the method of brewers and saloonkeepers in carrying on the traffic
in beer stronger than onc-half of one per cent in Illinois since the first of
July.
The question at issue was whether the state of Illinois should be per
manently restrained from destroying the beer trucks tinder the Prohibition
enforcement act effective July 1st, or whether the said trucks should be
turned back to the officials for disposition under the law.
Warrant Not Needed
The first move by Mr. Remus, chief
attorney for the liquor interests, was
a nattempt to prove that the warrant
, tinder which the truck drivers were
arrested was insufficient. Earl Cas
person, Zion City constable, who
made the arrests had testified as to
the mode of procedure. After consid
erable argument during which Mr.
Remus pointed out that the search
\ and seizure section of the Prohibition
enforcement law required the serving
of a warrant for each lot of liquor
seized, Judge Landis ruled that under
another section of the Illinois law the
constable acted within his legal
power. Having captured the men in
the act. of law violation (transporting
liquor) it was not necessary to have a
specific warrant. (This ruling by
Judge Landis was contrary to a ruling
made several weeks previously by
Municipal Judge Stewart when lie de
cided that a Chicago policeman hud
no right to arrest men who were j
caught in the act of transporting j
liquor.)
Claimed Beer Non-Intoxicating
The next move by the attorney for
the beer truck men was an attempt to
prove that the beer captured was non
intoxicating. Chemists who tested
samples testified that the alcoholic
content was over three per cent. Tes
timony relative to samples of beer
brought out that the beer transported
from Wisconsin was of certain brands
manufactured by the Pabst, the P.latz,
and the Miller Brewing Companies of
Milwaukee. There was considerable
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discussion on the question of whether
the liquot was actually non-intoxicat
ing. Judge Landis intimated that in
asmuch a^ the Illinois law set one
half of one per cent as the maximum,
all testimony and argument as to
whether the beverage was actually in
toxicating was immaterial. During
this discussion attorney Remus ad
vanced the theory that exposure to
the sun had raised the alcoholic con
tent of the beer beyond the legal limit
while it was in the custody of Zion
City officials.
Brewery President Testifies
The president of the Miller Brew
ing Ccmpany was then called to the
stand. He testified that since August
6, his plant had been manufacturing
beer containing from 1.75 to 2.50 per
cent of alcohol. He stated that the
brand captured with the trucks was
not a near beer, but contained the
higher percentage of alcohol. Offi
cials of the Pabst and Blat? breweries
were also put on the stand and testi
fied that in the process of manufac
ture, more than one-half of one per
cent of alcohol was put into the beer
of the brands captured by the beer
smuggling trucks. It was also
brought out that the beer in question
was sterilized at the brewery to pre
vent fermentation from increasing the
alcoholic content.
Were They Common Carriers?
The question of whether the beer
W'as non-intoxicating thus answered,
the next phase of the inquiry turned
to the question of whether the trucks
were in reality common carriers en
FEDERAL JUDGE KENESAW MOUNTAIN LANDIS
i Who is Making it Interesting for the V/isconsin-Illinois Beer Runners
gaged, in interstate traffic .and thus
immune from prosecution under state
1 laws according to tlic contention of
the truck attorneys who apparently
were not quite up to date on liquor
laws.
Various drivers upon being ques
! tioned asserted that they had no
knowledge of where the beer they
were hauling was to be delivered.
| They stated that they received no
| shipping directions and that the ship
ments they carried bore no marks or
labels identifying the consignee. One
I witness testified that another man
went with him to give directions as to
! the destination of his beer cargo.
The judge called attention to the fact
that it was rather unusual for an extra
man to accompany a common carrier
for the purpose of giving directions in
the absence of labels on the goods to
be transported.
Drivers Held to Grand Jury
The first indication at the hearing
before Landis would develop into
something entirely different from the
simple question of a disposition of
the trucks came when one of the driv
ers refused to answer a question
asked by Judge Landis. Instantly
after the judge asked the truck owner]
whether lie did any business from j
Wisconsin points, attorney Remus in- j
terrupted to say that the witness had
been instructed that he need not an-1
swer. He brought out the fact that!
the man on the stand was under crim-j
inal charges in Lake county. Mr. I
Remus announced to the court that,
he had advised the witness that he:
need not answer the judge's question j
because by doing so he might incrim-j
inate himself. Upon the witness’s
continued refusal to answer the judge |
ordered him held to grand jury under i
a $15,000 bond charged with violating
the United States law against the j
transportation of intoxicating liquor |
into dry territory.
Drivers All Silent
Subsequently all of the truckmen
upon being asked questions hearing
on the subject of transporting intox
icating liquor refused to answer and
each was held to the grand jury on
the same charge. The judge then
took occasion to rebuke the lawyers
representing the truck drivers for ex
pecting him to return their property
to the truck men in view of the fact
that they dared not answer for fear of
getting into trouble under the crim
inal law.
“You are coming here presumably
with clean hands appealing to con
science of the court to give you back
your car,” he said to a witness, then
turning to his lawyer he said, “And
' J!ttMWeTS TN THE ’Bfcgft- '
SMUGGLING CASE
For the truck owners and
drivers:
George Remus, of Chicago.
E. V. Orvis, Waukegan.
For the State:
C. W. Middlekauff, Spring- i
field. Assistant Attorney
General.
Geo. C. Dixon, Dixon, Assist- ;
ant Attorney General.
James G. Welch, Waukegan,
Slate’s Attorney in Lake
County.
A. V. Smith, Waukegan, As- ;
sistant Attorney General.
Theodore Forhy, Zion City,
City Attorney, Zion City.
F. B. Ebbcrt. Chicago, Attor
ney, Anti-Saloon League of
Illinois.
Many of the witnesses were
represented by their personal
lawyers. All the brewers had
lawyers in the court room and
many of the saloonkeepers en- ,
gaged lawyers to protect their
mte.csts.
_
■ I
for such complainants as this you I
have somehow gotten injunction re
straining the state from holding these
cars.
“Did you tell Judge Sanborn that
your witnesses would not testify?
Judge Sanborn didn’t understand that
the witnesses did not dare to give
evidence on the point in issue.” Soon
after Judge Landis again delivered a
scat'hing rebuke to the beer men in
volved in the case.
Defiance of Law
Alter another truck driver had re
fuse! to testify for fear of incrimin
ating himself, the judge said, “I call
the attention of you gentlemen sitting
around here that you see disclosed in
this court what put this country dry
—utter disregard of the law. That’s
wha: did it as sure as you life.”
Again when Mr. Remus objected to
a cirtain question the judge said,
"Th; question here is not how many
truces he owns, but what he has been
doing in open defiance of the law.
When a plea was made to reduce the
$15,000 bond which the truck drivers
were compelled to give. Judge Landis
refined same saying, “I have a clear
cut conviction that this amount is not
excessive in the case of these men
caught in the insistant, persistant, de
fiance of the law. They simply made
up their minds that this law' was not
to be enforced and you need not tell
(Continued on Page 2)
WILL START TWO BIG CAMPAIGNS
TO RAISE FIFTY MILLION DOLLARS
TO CARE FOR FUTURE ACTIVITIES
Five-Year Plan for Providing Resources Is Agreed Upon; Inten
sive Drive Also Is Provided; State and National Men
Are in Unanimous Accord
GREAT CONFERENCE OFFICIALS HELD IN CHICAGO
RESULTS IN APPROVING FORWARD LODKING PROJECT
Burdens Are to be Divided Between National and State Organiza
tions; They and World League Against Alcoholism
Will Share Benefits of Big Program
AMERICANIZATION OF FOREIGNERS IS ONE OBJECT OF THE ORGANIZATION
Will Explain to the People Just What Prohibition Is, What It
Requires, How It Came About and Its Benefits
to This Nation
WOSH 0, TtMRERANC: IN OTISES LANDS T3 RECEIVE GREAT I...PETUS
I --
c
Large Portion of Funds Will Be Used in Extending Work to
Countries That Have Asked America to Help
Them Oust Liquor Traffic
Fifty million dollars as the financial necessity; enforcement and
stability of Prohibition in the United States; ultimate world Prohi
bition; closer co-operation among the state Leagues and of the state
Leagues with the national organization; the tightening; up aloncAall
ItffeVTor'oiic liiihcn'oi? 'pFr'c’ent' efficiency—these things are expected
to result from action taken iti Chicago Wednesday and Thursday,
September 17-18, by a conference of the officials of the Anti-Saloon
League of America and the state superintendents and the headquar
ters committees.
A five-year permanent financial
campaign was agreed upon, in which
there will be raised twenty-five mil
Ton dollars for state, national and
world work on a graduated scale, run
ning from $2,375,000- the first year to
more than ten million dollars the fifth
year.
In addition there will be put on an
intensive drive lor twenty-five million
dollars or more to be used in the
Americanization of foreigners and in
the world-wide Prohibition light,
working in foreign countries through
the co-operation ol the World League
Against Alcoholism.
The Chicago contcrcnce was an ad
journed session of the couterence re
cently held in Washington at which
Ernest Clicrrington, secretary of the
Committee oil Tinancial Management
of the Anti-Saloon League of Amer
ica, submitted a tentative program for
the future activities of the League.
At the Washington conference the
general provisions were agreed upon
but there were some details upon
which the representatives of the state
organizations sought more intelligence
and which they wished to take up and
discuss with the folks back home.
At the Chicago gathering these de-1
tails came up and were threshed out:
and by unanimous vote it was decided ,
to take up and develop the program of ]
the Committee on Financial Manage-]
ment as a partnership effort in which j
the state and national organizations I
will work together.
Ground work of the intensive spe-1
cial drive will be begun at once. A j
special organization to direct the work I
will be made. However, the real pe
riod of the financial drive is expected ’
to be the week beginning January 16,,
the date on wli'ch the constitutional
amendment becomes operative.
It has not oetn decided whether the
drive will be accomplished in one
great national effort or in a regional
effort.
During the conference every speaker
made it plain that the next duties of
the Anti-Saloon League are along the
lines of law enforcement and educa
tion of the American people, Ameri
canization of foreign-born residents
and their children, and world Pro
hibition. Everybody believed that
Prohibition had come to stay, but
there was an insistence that the work
of the League in America itself would
not be completed until after enforce
ment and due respect for the law had
been doubly assured.
r
This is the genius of the Anti
Saloon League. Jt explains why
the League has always been suc
cessful. In the conference there
was more or less of diversity of
opinion, especially legarding de
tails, but no diversity of opinion
regarding the main lint of en
deavor. After thoroughly thresh
ing out propositions before them
for two days and arguing back
anti forth over details, the mem
bers of the conference voted unan
imously on the propositions before
them when they came up for hnal
decision.
Vvm Lclucate People
One of the tilings planned to be
done L to go before the people of the
United States in public meetings ami
explain to them the provisions ot the
constitutional amendment and the en
forcement act, concerning winch a
great deal of misinformation, most of
it promulgated by the foes of Pro
hibition, lias been circulated.
Americanization or foreign ele
ments, it was leit, would accomplish
two results: first, the inculcation ot
proper respect ior law and authority,
the teaching of persons hitherto used
to intoxicating beverages that such
beverages are not only unnecessary,
but absolutely harmful; and in the
second place, so showing to them the
benefits of Prohibition in the United
States that they will be anxious lo aid
and lend their influence toward bring
ing about Prohibition among the peo
ple of their native lands.
It was declared by officials of the
Anti-Saloon League of America that
at the present time fifteen men sent
over by the League are in foreign
countries working with the temper
ance forces of those countries in cam
paigns to make the countries dry and
that just as soon as the new program
of the League becomes known and
resources are available, other men
arc ready to go into still other coun
tries on the same mission.
It was made apparent that in formu
lating the world-wide program the
League is not attempting to thrust
itself and its activities upon unwilling
peoples, but that the determination to
aid in the world-wide fight has been
reached largely because of the Mace
donian cries that have come from
other nations for help and that have
been uttered for years, notably at the
recent world-wide conference in
Washington.
Apportioned to States
A few details of both the permanent
program and the intensive effort re

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