Show Rum Purchase Case Taken t to High Court I p l' Federal Government Appeals Appeals Appeals Ap Ap- Ap- Ap peals Ruling in Test Charge Charge- WASHINGTON March 12 Asso Asso- elated dated Press Press Press- The Press The department of justice today carried to the tho supreme court a test case to determine whether the purchaser of intoxicating ing liquor is guilty of conspiracy Tho Time appeal was W made from ron tho time re recent recent re- re cent decision of ot Federal Judge Morton Motton Mot Mor ton of oe Boston in which h hl hA held helel that 1 the tho purchase of ot liquor W was lS not a 3 crime Tho Time government already has pending before eforo the court a case In Involving In- In a ll conspiracy between a purchaser and a. a seller to transport Intoxicating liquors In announcing tho the filing of ar the second case o to determine whether the purchasing of Intoxicating liquors for fol beverage beveraSo pui purposes poses Is of Itself a a. violation of ot o tho prohibition act the department said saM the action was as taken In view of oC the diversity of oC opinion of oC various judges on the question Tho Timo new test case Involves the charges chartes against t James l 13 E. Farrar who was held by y Judge Morton not notto notto notto to have been een guilty of oC a a. crime crimo In purchasing liquor Judge Morton sustained the tho contention contention contention con con- of ot Farrar's counsel that Continued on page paso 2 r RUM PURCHASE CASE TAKEN TO SUPREME COURT Continued from rom page o 1 section 6 title 2 3 of the tue national prohibition act under which tho the government sought Fought to convict him referred only to those 1 legally lally en entitled entitled en- en titled to buy ant and sell liquor under permits such as dru druggists and hospitals lies hos This section o of the act says pays s n in substance that no person shan shall nell ell barter Jarter transport or purchase purchase pur pur- chase liquor without first obtaining a permit Jud Judge o Morton held further that tho enforcement section of ot the thc Vol 01 stead tead act is la section 3 and that this s section clearly eliminates any lia liability la- la of any an kind for the purchase of oC liquor In his opinion the ted federal lal judge said Eald Not only dl did con congress carefully Delude the purchaser from t the tho o penal provisions pro of or tho time act as originally passed but has taken no 10 step stop to extend Its provision to the purchaser in ten years o of ot Ic legislation legisla IJa I tl thOu tion n which has since intervened |