The Washington times., 1919-07-02
PALMER WILL MAKE
ARREST TOTESTLAW
CONTINUED from First Page.)

CONTINUED from First Page.)
conditions are orrect." said W. l.
Frierson, assistant attorney general.
Quick and drastic action against the
Atlantic City lawbreakers was ex-
pected.
Reports were also received OF
some - dealers offering whisky, Tor
sale in beer and wine bottles. These
instances were violated, however ana
70 rthe most part prohibition ap-
peared to be effective.
Left without backing Of courts and
no contention that beer containing
more than one-half OF one per cent
of alcohol is intoxicating, officlals
of the Department of Justice today
were hopeful that Congress speedliy
will pass laws defining what con-
stHutes an intoxicating beverage.
All Are VIOIatOrs.
II the Supreme Court upholds the
Baltimore case whfc hthe department
lost in the opening round, all per
sons who have sold Els per cent
beer since July 1 will have violated
the law.
And officials believe the high court
will uphold them. They point to THESE
statements in the opinion OF Judge
Rose, of Baltimore:
AZ have no doubt that everybody
who in Congress voted for or agalnst
the statute and practically everybody
affected by 1t supposed at the time
il was enacted that 1t covered All
beer containing any appreclaoIe
amount of alcohol Had this question
come I'D four or i've weeks ago.
would have overruIed the demurrer"
Judge Rose goes on to say that MS
decision is affected by the decision
of the New York courts.
at may be well for all to bear In
mind that / have not decided, nor so
far as 1 know has anyone as yet de-
cided that 2.15 per cent been Is not
intoxicating" Judge Rose said.
eff anybody makes or II anybody
sells II and the jury shall determine
that what he sold are made as intoxi-
eating he will be liable to the pen
atty"
Situation Summed Up.
The situation today was thus sum-
married by an official Of the depart
ment:
"The sale Of beer containing as
much as one-haIf per cent Of alcohol
il believed to be unlawful, and final
decision to that effect is expected. For
all sales of distilled spirits and wines
and of beer which contains more than
2.T5 per cent of alcohol, arrests are
being made whenever such sales are
discovered.
eWhether the sale Of beer contain
ing not more than 2.75 per cent Of al
cohoI is unlawful has been challenged
in the courts. No court has held that
such beer is lawful
The Courts Attitude.
But In New York and Maryland
the courts have held that whether 1t
IL or not, depends until Congress de-
fines the term intoxicating, upon the
question OF whether it is in fact in
toxicating.
"For this reason no arrests have
been made for the sale of beer at
this time.
"Just when such arrests will be
made the department cannot row
state as its course must be de-
termined by what may seem to be re-
quired for the orderly and effective
enforcement Of the law.
From the fact that arrests have
not yet been made, no inference
must be drawn that they will not be |
made at any time that the rulings OF !
the courts and Congressional action !
may make that course proper and eff /
fectiVe."
To speed LeglSIatIOn.
Special legislation for the enforce
ment of>war-time prohibition is to be II
rushed through Congress under plans
now being formed by prohibition
leaders in House and Senate.
Chairman VoIstead. OF the House
Committee, today issued the
call for a meeting Of the committee
next Monday to act on a bill for en-
forcing wartime prohibition. This
bill is to be separate from the bill
for enforcement Of constitutional
prohibition, which does not become