THE MORNING OltEGONIAN, TTJESDAT, NOVEMBER 9, 1920
3
I0U0R IS PEHMnTED
OUTSIDE OF HOMES
U. S. Court Rules Wet Goods
May Be Moved.
TEST CASES ANTICIPATED
Justice Clarke Holds Transporta
tion of Lawfully Acquired
Liquor Not Illegal.
WASHINGTON, Nov. 8. (By the
Associated Press.) Storage of law
fully acquired liquor In commercial
warehouses and transportation . of
such stocks to the home of the owner
Is not prohibited by the Volstead act
under a decision handed down today
by the supreme court.
In passing upon the appeal of Will
lam G. Street of New York from de
cisions of lower courts refusing to
enjoin Internal revenue officials from
seizing liquors he had placed In a
room rented from a safe deposit com
pany, the supreme court reversed the
lower court and held that the injunc
tions should be granted.
The effect of this ruling had not
been fully appraised tonight by In
ternal revenue and prohibition en
forcement officials. The belief was
expressed, however, that the result
might be the release of some 10,000,
000 galons of Intoxicating beverages
stored - in warehouses since January
16, 1920.
Hotels Hold Stocks.
Records on file here show that, in
addition to immense quantities of
liquors purchased and stored by indi
vidual consumers, there were in stor
age when the Volstead act became ef
fective large stocks held by hotels
and restaurants as reserves. Whether
these stocks came within today's rul
, ing has not been determined. It was
anticipated that test cases would be
filed soon on this and similar ques
tions arising from the undetermined
scope of the new interpretation of the
Volstead act. j
Justice Clark, who rendered the
opinion today, held that the trans
portation of liquor from warehouse
storage to the owner's home would
be legal, if the liquor had been law
fully acquired and for a lawful pur
pose. He said:
"That transportation of the liquors
... is not such as is prohibited
by the section Is too apparent to jus
tify detailed consideration of the
many provisions of the act incon
sistent with a construction which
would render such removal unlawful,
and that the act is understood by the
officers charged with it3 execution as
permitting transportation is shown
by the provision of the regulations
of the bureau of internal revenue
authorizing permits for the transpor
tation of liquor from one permanent
resideVce of an owner to another in
the case of his removal, although no
such transfer is provided for by the
act."
Power to Resrolnte Seen.
The opinion pointed out, however,
that Internal revenue officers un
doubtedly had the administrative
power to regulate the transfer of such
liquors so as to pi event their use in
violation of the law.
"An intention to confiscate private
property," the opinion concluded,
"even in intoxicating liquors will not
be raised by inferics and construc
tion from provision of law which have
ample field for their operation in ef
fecting a purpose clearly indicated
and declared."
Justice McReynolds, concurring in
the judgment of the court, dissented
as to the reasoning by which It was
reached.
"I think the Volstead act was prop
erly Interpreted by the court below."
he said, "but to enforce it as thus
construed would result in virtual con
fiscation of lawfully acquired liquors
by preventing or unduly interfering
with their consumption by the owner.
The 18th amendment gave no such
power to congress. Manufacture, sale
and transportation are the things pro
hibited not personal use."
Prohibition enforcement officials
began studying the decision immedi
ately. The opinion was frankly ex
pressed that many changes would
have to be made in the enforcement
regulations, but pending detailed
study and the circumstances sur
rounding! the litigation, no official
statement was forthcoming.
Fraud Danger Kelt.
One effect of the decision foreseen
was the danger of increased oppor
tunity for fraud among persons seek
ing means of violating the law. With
out check on transportation provided
by the permit system, officials in
dicated that they expected greater
difficulty ia controlling unlawful
sales.
A decision had not ' ben reported
tonight as to whether the court's
Interpretation opens the way for un
restricted transportation in inter
state commerce. That transfer can
be made within a state apparently
was specific, but the language of the
court when analyzed may yet show,
officials thought, means whereby in
terstate transportation can be
stopped. In the particular case In
volved. It was pointed out, the own
er's residence and the place of stor
age were within the same state, and.
In fact, in the same city.
In connection with the transporta
tion of liquors, officials said that it
would be difficult, if not impossible,
for them to determine the legality of
purchases and ' where the stored
stocks had been obtained prior to
the effective date of the Volstead
act. This was expected to result in
more stringent regulations with re
spect to withdrawals of beverages
from bonded warehouses, but the
same regulations cannot be made to
apply to ordinary storage ware
houses. Stored stocks therefore again
are without the law to a great de
gree, officials said, adding that they
anticipated its speedy removal from
such storage.
ILLINOIS IS NOT AFFECTED
Search and Seizure Law Does Xot
Permit Liquor Moving.
CHICAGO. Nov. 8. The supreme
court's ruling that liquor lawfully
acquired can be moved from place to
place will not affect the legality of
th Illinois search-and-seizure law.
This act prohibits the practice of
moving of liquor, federal officials
here said today.
SURPLUS SUPPLIES SOLD
(Continued From First Paire.)
that negotiations were under -way.
Jack Barde, son of M. Barde, has been
in the east for several weeks repre
senting the Barde interests In the
dealings with the board. L. B. Barde,
another son. now in Seattle, is said
to be in possession of all details.
"I have received no official word
of the completion! of this transaction,"
Mr. Hunter said last night, "though
from several telegrams I have v re
ceived I presumed that some such ar
rangement was being made."
When pressed for an opinion on the
deal, as reported by the Associated
Press, Mr. Miller said be considered
an arrangement that would guaran
tee the fleet corporation 60 per cent
of the appraised valuation of the
property within a year a thoroughly
satisfactory deal, provided the fleet
corporation was -relieved of all- over
head and general expense connected
with the disposal of the property.
The appraisal of $13,000,000, given
in the telegraphic dispatch, he con
sidered rather high, unless the .hulls
were included.' Otherwise, he said, he
would place the value of the entire
property at between $8,000,000 and
$12,000,000. ,
The history of the deal between the
Barde Interests and the shipping
board, dates back to late September,
when orders were issued from Wash
ington by H. B. Miller, director of the
supply and sales division, to discon
tinue the sale of shipping board ma
terial in small lots. A short time
later Mr. Miller appeared from San
Francisco and it was reported that a
deal had been consummated there
whereby Sudden & Christenson,
steamship owners and operators, and
the Barde Industrial company, both
of these concerns backed by Herbert
Fleishhacker, president of the Anglo
& London Paris National bank of San
Francisco, were to acquire all the
property held by the supply and sales
division on the Pacific coast.
Following his arrival In Portland,
Mr. Miller asked for bids on the en
tire lot of property, and a storm of
protest was raised by local junk deal
ers, backed by Senator Chamberlain,
who said they had not had a fair
opportunity to bid on the property
and had not been able to obtain prop
er inventories and appraisals. The
opening of bids, therefore, was post
poned until October 15. at which
time four scattering bids were re
ceived, the largest offering 25 per
cent of the appraised valuation, and
none of them embracing the entire
lot of material on the coast.
A few days later, following Mr.
Miller's return to Washington, it was
announced from the national capital
that all these bids had been rejected,
and it was understood that Mr. Miller
would try to negotiate anot'-er ar
rangement for a private sale of the
property.
The material to be sold by the
Barde concern under the arrangement
just completed, is grouped in fleet
corporation concentration warehouses
at Portland, Alameda and Tacoma. It
could not be learned locally last night
whether the Bardes are to sell the
wooden hulls remaining on the Pacific
coast. -
It is expected that local interests
which opposed the first arrangement
made by Miller for the sale of this
property to the Bardes will find in
this latest development a substan
tiation of their charge that the Bardes
were shown favoritism by the ship
ping board, especially as an offer
from Portland junk dealers to sell the
material on a guarantee to the fleet
corporation of 85 per cent of the ap
praised valuation of the property, in
stead of the 50 per cent guaranteed
by the Bardes, was rejected by Miller.
ESTATE FIGHTNEAR END
$900,000 Grand Larceny May Be
Settled Out of Court.
SAN FRANCISCO, Nov. 8. Negotia
tions are being conducted for settle
ment out of court of the $900,000
grand larceny action instituted by
Edward and" Katherine Wineman of
San Luis Obispo against Clarence D.
Hillman, Seattle and Pasadena capi
talist, and others, counsel for the
Winemans announced here today. The
case came up today for hearing, but
was put over until Wednesday to
permit the negotiations reaching a
conclusion.
H'llman K. McKay of Seattle and
T. J. Walsh were indicted on charges
of conspiracy and grand larceny, fol
lowing formal complaints by the
Winemans that they had obtained
possession through illegal means of
the bulk of the Wineman estate,
valued at nearly $1,000,000. Walsh
has never been located.
HOME RULE CLAUSES ,
PROTESTED BY IRISH
Measure Is Put Through
Nearly Final Stages.
SECOND CHAMBERS CARRY
New York to Release Liquor.
NEW YORK. Nov. 8. Decision of
the supreme court that liquor law
fully acquired may be stored by a
person for his own use in place other
than his home will mean that thou
sands of "imprisoned" quarts soon
may be "released" in New York City,
according to federal prohibition
agents here.
Phone your want ads to The Orego
nlan. Main 7070, Automatic 560-95.
Oath of Allegiance Is Denounced
and Discarded After Lord Cecil
Ridicules Section as Blunder. .
'LONDON, Nov. 8. (By the Asso
ciated Press.) The Irish home rule
bill passed through nearly the final
stage in the house of commons to
night with two new clauses added by
the government, which, In the opin
ion of Irish and liberal politicians,
rendered the measure practically
dead.
These clauses, which provide that
both Irish parliaments shall estab
lish second chambers for the protec
tion of minorities, and that in the
event that less than half the mem
bers of either parliament are validly
elected or In case of failure to take
the oath of allegiance within 14 days,
the king may dissolve the parliament
and place the government in the
hands of a committee appointed by
the lord lieutenant, were carried after
being severely criticised by ex-Pre-mier
Asquith and others as tending to
reduce Ireland to the condition of a
backward crown colony, by ample
majorities in a small house, showing
the slight interest now shown in the
bill.
Oath of Allegiance Dropped.
The latter clause replaces the pro
posal of the government that candi
dates for parliament must take the
oath of allegiance on nomination.
The bill came before the committee
of the whole house. The clause pro
viding for the creation of second
chambers was adopted by 175 to 31.
It leaves to the Irish parliaments the
uty of framing the necessary
scheme. The government originally
had proposed itself to draft the
scheme, and was today subject to
much hostile criticism for evading the
task.
The government's critics declared
that the Irish parliament would not
succeed in drafting a successful
scheme.
Andrew Bonar Law, the govern
ment leader in the house, and Sir
Laming Worthington-Evans, minister
of pensions, replying to the criticism.
explained there were difficulties in
the way of the English parliament at
tempting the task.
Another amendment was adopted
placing upon the southern parliament
the responsibility for providing funds
for Irish universities.
Legislative Abnardity, Says Cecil.
The government's early proposal
that, all candidates for election to the
Irish parliaments must take the oath
of allegiance before being nominated,
which has provoked more criticism
Irom irishmen and trie iiDerais than
any other provision, has been quietly
dropped, and today Worthington-Evans,
on behalf of the government,
moved the new clause to replace it
and provide for the case of either
Irish parliament not being properly
constituted.
Lord Hugh Cecil criticised the
clause as the greatest legislative ab
surdity ever suggested. Mr. Asquith
said the clause forcibly illustrated the
farcical character of the southern
parliament. The contingency con
templated, he asserted, was certain to
arise in southern Ireland, which then
would be reduced to the condition of
the most backward of the crown col
onies. This clause was carried by 137 to 11.
The measure has run the gauntlet
of the house of lords, where, accord
ing to rumors current in the coalition
newspapers, an attempt will be made
to cut the six Ulster counties com
pletely out of the bill, leaving them
to be administered, as at present,
from Westminster.
Note .
These
Prices
a pleasing sur
prise for those not
aware of them in
detail:
Club
BREAKFASTS
50c to 75c
Merchants'
LUNCH
60 c
Table d'Hote
DINNER
$1
imperial
ilotel
Manage
Does Yourl
Auto Top i
Leak
There is no excuse for having a
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Ask your dealer to explain PANTO
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BROADWAY 4592.
Ideal Auto Specialties Co.
415 GLISAN STREET
Oresron Distributors for
PANTO-NU Products
Manufactured by Ideal Propulsion
Co., Portland, Oregon.
BURGLARY and HOLD-UP
INSURANCE
PhilGrossmayerCo.
Wilcox Bldg. Main 702
The Private Office
Discarded
Bit
Not so very long ago it was
customary for bank officials to
have their private offices away
from the general banking room.
The First National Bank
changed from this order about
ten vears ago, realizing that the customers'
accessibility to the managing heads was a
form of modern service that was rightfully
due its customers.
We invite you to notice, the next time you
are in the First National, how easy it is to
speak to any of the officials of the bank
with whom you desire conversation.
THE FIRST NATIONAL BANK
OF PORTLAND OREGON
THE FIRST NATIONAL BANK WEST,
OF THE ROCKY MOUNTAINS
- MEMBER AMERICAN BANKERS ASSOCIATION
JurnnanWoUG c Co
eJ "Merchandise dcJ Merit Only"
This Store Will Be Closed Thursday, Armistice Day
Do Your Shopping Today and Wednesday
OYEMC
OAT
At
25 Per Cent
Off
AU-Wool
Overcoats
$19.85
Made . by the famous Oregon City
Woolen Mills have been at this
price since the opening of the sale.
I
For Real Quality and Beauty You Can't
Find Their Equal From Coast to Coast
' x For This Sale Includes Our Entire Stock of
Stein-Bloch Langham
Langham-High and Other Famed Makes
Look at them! Just realize their exceptional quality !
Then note the figures on the price tags ! We tell you,
gentlemen, that we do not qualify a word of our state
ment when we say that it is beyond the power of cold
type to convey what these values mean to the men that
see them. For this reason we urge you, by all means,
to refrain from purchasing your overcoat until you
have had time to inspect these magnificent, finely tai
lored, beautifully woven garments !
Fifth Floor, Lipman, Wolfe & Co.
THIS STORE USES NO COMPARATIVE PRICES THEY ARE MISLEADING AND OFTEN UNTRUE fro
C37 T5 & S TS S7
W, I Drrn-l iirrr LtuH v T
WHEN MEALS I
HIT BACK )
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Thoroughly experiences
Optometrists tor the exami
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Complete lnma Grinding
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Doctors Recommend
Bon-Opto for the Eyes
Physicians and eye specialists pre
scribe Bon-Opto as a safe home remedy
in the treatment of eye troubles and to
strengthen eyesight. Sold under money
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Are lumps' of undigested food caus-
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Adv.
HEAL SKIN DISEASE5
Apply Zemo, Clean, Penetrat
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It is unnecessary for you to suffer
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CONSTIPATION RHEUMATIC PAINS
RAISING A RUMPUS?
Constipation cant
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rtlmulate the e-e-etion
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land aeelete thm bowels In a perfectly natural
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Paw Paw Pills
ASSESS-
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You're fired
Onl o! Sorts- Have No Appetite
Your Liver Is Sluggish
CARTER'S LITTLE UVER PILLS
Will help out vou riaht sf.
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CARTER'S
IITTLE
PIBLLS
mediate effects of ranfjninn
ttueve
biliousness, indigestion and sick head
ache Snail rill Small Dose Small Price
Have Sloan's Liniment readr for Hod
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DON'T let that rheumatic pain or
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Apply it without rabbins; for It
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All druggists 35c, 70c, 1.40. The
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Liniment
(Pah
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25
headache:
TABLETS
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