Indianapolis Times, Volume 39, Number 295, Indianapolis, Marion County, 6 April 1928 — Page 15

APRIL 6, 1928.

U. S. SUPREME COURT DENIES DRY APPEALS Fifty Fail Where but One Succeeds; Padlock Law Upheld. By HERBERT LITTLE United Press Staff Correspondent WASHINGTON, April 6.—The appeals of men sentenced to jai\, or prison for Federal offenses in connection with the liquor traffic have hard sledding in the United States Supreme Court. More than fifty men have failed in such efforts in the present term, which started last October, and only one has succeeded. The cause of this apparent fifty-to-one chance is that nearly all angles of the prohibition laws and enforcement practices have been tested and upheld. And under the law, the highest court accepts the rulings of fact of lower courts, usually considering only the law of the cases appealed. In the case of Ole Berkness, Fairbanks, Alaska, the one man who won his case, the Volstead act marked down another victory. The court held that the severe search warrant provisions of the Alaskan “bone-dry” law passed by Congress were superseded by the milder provisions of the later Volstead act. In this case, however, the Circuit Court of Appeals previously held that Berkness was unlawfully convicted, under evidence obtained under a “bone-dry” law warrant. The most important prohibition ruling of this term was in connection with the new Federal enforcement practice of padlocking nightclubs and restaurants which serve “steup”—ginger ale, cracked ice and

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Okehs Blacklist

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Blacklisting as speakers of a group of prominent persons by the Massachusetts D. A. R. was defended by Mrs. Alfred J. Brosseau (above), president of the Daughters, in Washington. Mrs. Helen Tufts Bailie, a Bostonian, attacked the blacklist, which is said to have originated over support by the D. A. R. of naval appropriations measures. glasses—to patrons who bring their own liquor, for highballs. The court rejected the appeals of two Chicago restaurants based on a charge of illegality of this enforcement, and the government procedcd to extend its activities in Washington and New York. The court last term upheld' the new coast guard practice of seizures of rum-ships outside the three-mile limit, and several appeals on similar grounds were rejected this term.

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HIIEIiP 1 ARMY B 2 YEARS Will Observe Anniversary Quietly Saturday. Bi) I nilni Press BERLIN, April 6.—President von Hinder.bui’g will celebrate his 62 military anniversary Saturday. In 1866 the now aged field marshaL and president of the republic donned a cadet’s uniform and began the army career which was ; to make him one of the outstanding figures of modern history. Two years ago, the German gov- ; ernment conferred special honor? upon Hindenburg on the occasion of his 60th military anniversary. But this year, observance of the j day largely will be restricted to ti>. • receipt of congratulations, mainly emanating from former army j “pals.” Many Germans will send congrat- ! ulations, as they do in the slight- j est provocation, merely in the hope of eliciting an acknowledgment j which bears Hindenburgh’s auto- ; graph. But Hindenburg displays a reluctance to cater to the autographeasy to obtain, as virtually the entire correspondence at the president’s chancellory is attended to by Hindenburgh’s subordinates. CHALLENGES DRUGGISTS Cuban Wants to Fight Duels Wot 1 ’ Twelve in Campaign. HAVANA, April 6 Campaigning to break up the “druggist trust” in Camaguey province. Senator Modesto Maidique, of that province issued a challenge today to twelve druggists to fight duels. The drug store mgn will draw lots to decide who is to meet the senator.

THE INDIANAPOLIS TIMES

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PAGE 15

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