The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-03-18
DEFY
UNCLE SAM On
ROOTS ADVICE.
TO RESUME SALE OF
2.75 PER CENT BEER
Declare Beer Of That Percent.
age Cannot Be Cla,sed
as Intoxicating. j

NEW YORK. March 1.-THE La
Beer Brewers board Of trade. Of Nel
York. representing ~ brewing concernS
in New York and New Jersey, announced.
today that on advice Of counsel its
members would resume at once sale OF :
beer containing q percent alcoholic con- =
tent. This was forbidden BY a ruling Of s
the internal revenue bureau! which In
terpreted President Wilson's proclama-.
ton effective December 1st. last. :,
J;pon a representation by the Board TO :
El1hu Root and William D. Guthrie.
counsel for the organization. that oeer
Of the alcoholic strength specified was
|! not intoxicating. the attorneys adyiseo
(. the organization today that sale or tno !
two and thrce-fourth percent product
would not be contrary 10 law. -
The opinion held that the tnternAt
revenue bureau had acted without au-1
thority in dccrceing that sale OF beer
containing moro than one hait OF one
percent Of alcohol wa. contrary to tbes
Presidents proclamation forbidding the
use Of focdstuffs in brewcd products
exccp, those which were non-intoxicat-
ing. -
Bring suit In Equity. ",
The brewers action, anticipating en-
forccment May /. next. OF the regulation?
limiting the use Of cereals to "non-in.
toxicants" containing one half OF ono
percent Of. alcohol, was taken under tns
internal revenue rule permitting, until
that date. manufacture Of * percent
beer but recurring that the product %,
dcalcoholized to one half OF ono percenLs
before being shipped for sale from tne
breweries. AS the brewers have pecn,
| making 2& percent brew since DeceMS
ber / when the antl-brewing clause OF
! the food conservation law went 1nto
| force. no change in manufacturing
| methods will be necessary. It was stated !
/ TO carry out the plan decided upon. rs
Assuming that the government. may
! summarily attempt or threaten 10 ~
| force the revenue bureaus intsrpreA-
i ton. Messrs. Root and Guthrie anviecd
the brewers, In the event that SUIT IN
equity be brought ito enjoin any wrongly
full interference with your business or
arrest Of your employees. ;:s-ist:s
Unanimous Action. ,,.f@s2s ~:
Announcement OF the brcwers' *intep:
ton 10 ignore the government aNssss4
tion Of noniLtoXicants wa1 made I2ibA
ine unanimous adoption by theif bo1ru
Of t1do Of resolution advocating
4 = :
Dental proclamation and internal rev.
| enue rulings based on the food consef,
walton laws Of August 10. 19t7nsS Hn4
November 81. 1918. The latter act. pro--.
yiding for wartime prohibition, alreaAy
has been challenged as to its constitt-;
/ tionality in stockholders suit ne1s
here in the federal court. ~ ),
The board also recommended tnae e
members proceed according 10 tho Root
Guthrie opinion and that in. case 'ot
| proceedings or threatened procesdinS1
I against any Of them by the commits
sioner Of internal revenue. the defe1d-
ants at once communicate With tne
board 80 that there may be harmony
and consistency in the conduct OF legal
proceedings TO protect the rights OF tne
| brewers
The opinion was addressed to ChIs-
tian W. Feigespan. Of New York, pfes-,
! idcnt Of the United States BrewerS. ~
sociation. with which the New r1ofK:
board Is associated. -
Mcssrs. Root and Guthrie based their
opinion. it was stated. upon an assur-:
once by their clients that malt liquors
which contain not to exceed z.76 pcr@
cent Of alcohol by weight, or 3.3 PEE
cent by volume. arc not intoxicating.
and this could be established by lne
CONTINUED on PaEe 12)