New-York tribune., 1919-05-24
Judge Mayer Grants Re-
lief to Brewers Seek
ing Protection From
the Attorney General
Case Will Go to
Appeals Court
Tr. Rosewater in Affidavit
SAYS Poison Squad
Proved Liquor Harmless

Jacob Rupert and the United States
Breyers' Association, represented by
rlihu Root, William D. Guthrie and
william l.. Marbury, before Judge
julius NJ. Mayer IN the United States
District Court won the second round
Yesterday in the battle for the legal
right to continue the manufacture of
beer containing 2.75 Per cent alcohol.
The brewers won the first round be-
fore Judge Hand last week when the
court decided that an action to restrain
the government officials from interfer
ing with the manufacture was main
tainable. With the first skirmish to
their credit, they then pressed an ac-
ton for an injunction. argued yester-
day. to prevent interference from the
Attorney General. Justice Mayer
granted a temporary injunction. or
order, with the understanding by both
sides that formal affidavits will be
turned in on Monday, and that the
order will be settled on Thursday of
next week after which the case will
go to the Circuit Court of Appeals.
Conservation Only Question
In his remarks Judge Mayer said:
An Injunction will be only a tenn
rorary matter. and step in the meth
Cd of getting the case to the highest
court. Congress exercised its power in
passing the law for the protection of
the country during the war. The Pres
aant in his first proclamation excluded
e'75 beer. The President recently has
recommended TO Congress a repeal of
the prohibition against the manufact-
ure Of beer and wine. Counsel have
produced mass OF afidavits support
ing their contention that 275 beer is
not Intoxicating. The government pro-
duces affidavits showing % the con
trary. The question is solely on the
Manufacture of 2.75 beer. The law
permits open sale until June so.
"There is no question Of national
Prohibition or the health of the peo-
pie. 1t is question of conservation
think that on the merits equity re
euires tha. preliminary injunction
shall issue. assume that the com
painants in good faith will cooperate
with the Department Of Justice in
bringing the case to a speedy trial.
suggest that counsel file affidavits on
Monday and | VIII settle the order on
Thursday next, in order that the judge
at an early day may try the case on
It's merits. if he sees fit
Goes to Court of Appeals
Dir. Root said that he and Mr.
Guthrie would cooperate in getting the
Ease to the Court of Appeals
There was much legal sparring be-
tween Mr.. Guthrie ard Assistant
United States District Attorney Fran
as 6. Caffey over the latters conten-
uon that there had been no threat on
ms part Of the government OF an IN
asion OF property rights, in the alb
shee OF which ne argued that an in
Aaetion should not issue. MIR. Guth-
re contended that there was such a
hfsat, and quoted the newspaper in
ef7iew purporting to be with Attorney
ssheral Palmer in which Mr. Palmer
ao the government would prosecute
HsTers who made beer after May |.
Ar. Caffey finally admitted that the
apartment Of Justice would enforce
As law, and Judge Mayer commented
length on the attitude Of the gov
n hment. finally siding with Mr.. Guth-
- IN MS argument that the attitude
II ~ L.,
&iest OF prosecution. Mr.. Guthrie did
sa'sy all the talking for his clients
~ Root offering suggestions row and
n Notables Make Affidavitz
~. Guthrie marshalled heavy artil-
20 IN the shape Of affidavits TO prove
man cannot become intoxicated
Deer With 1.75 per CEN alcoholic
y"'sh'. he submitted thirty seven af-
Ns' among the makers being Ho-
IN . amor Hare, professor Of thera-
.'es n jefferson Medical College,
s'assiphia; Professor John Marshall,
smith hly Je!liffe, Professor VIII
o. C1es, Dr.. Joan j. Walsh, Or.
pash ferhara Jewett, DR.. John Au-
'.s Mitchell, Dr.. Moses Keschncr,
a'-nns Perry Hasking, DR.. George
A-ss, Dr.. Charles A. Rosewater, Of
n tx ''eofgs Been, Consul General,
q saa'ass, who said that per cent
eAsA temperance drink in Denmark
). sseosamapded by the total absti
q sciet'es; Robert l.. Haywood
Asrry Berg.
msrwater's affidavit, read by
"'afis, non attention. II would
lnas he has been running two
H. squads" in Newark, With thir-
hi. .h 10 ono group, "sne echanfcx and
II "orxeTs,' while the second group
ssss el risn engaged IN mental
sn' tnSt taese two groups wera
-ostssslsd on yegs sin