New Britain herald., 1919-07-24
JUDGE CAN'T DEFINE
 EXACT LIMITATIO
Liquor Dealers Associate Will Probably Appeal Bo This Case and That Meriden Man.

New York, July 24.-Beer 2.75 per cent. alcoholic content held to be intoxicating with the meaning of the Martin Prohibition Act in decision Il turned today by Federal Judd Thomas 1. Chatheld of Brookly in a test case brought by the go ernment against Martin Selma der of New Haven, Conn, vi was charged with selling beer violation of the Wartime Pr hibition law. --.-
 2.75 Beer Chased as Intoxicatir|
 Schmauder denurred to Il governments charge on il ground that the informatid against him did not specify th the supposed beer alleged to haN been sold was intoxicafin Judge Chatfeld overruled the q Imurrer and ordered that Sclmat1 1 der must plead to the indictfacn
 "Under the internal revent laws and all standards by whicI congress could have viewed tll matter the beer described in tlj present information (2.75 pd cent. beer) was of the cla1 known as intoxicating liquor, an as such its sale was prohibitedl says the OpniOn.
 Appeal in Each Case.
 Constitutionality of the Warunl | Prohibition Act was upheld in \ | opinion handed down yesterday tl | Judge Chatfield in a test case again1 stephen A. Winery, a Meriden (Conn l saloonkeeper. Rulings were sougl| 1 in each instance by the Ldqud Dealers Association of Connecticu| Hearings on the two suits were hell recently in New Haven, where Judg1 Chatfeld sat in place of Federa Judge Edwin S. Thomas, of Conned ticut. It is reported an appeal vii 1 be taken in each case. The government information" th| opinion today says, docs not includl the word Intoxicating and the del fendant seeks by this demurrer td obtain a ruling that no crime can bd committed by the sale of a malt proda uct containing alcohol and being ol the general class which has been and is sold over the bar in saloons as beer but which is that sort of beer nov made by the brewers since the re striction upon the use of grain ant which does not contain so much a 2.75 per cent. of alcohol.
 Impossible to Get Drunk.
 "It was argued in support of th' demurrer that such beer was not, il fact, intoxicating, for the reason tha before a person could obtain a suff cient quantity of alcohol to intoxicat, he would have to drink 10 such ar extent as to make him ill, or to ex ceed the capacity of consumption a one time. Whether intoxicatior would be produced by taking the bee in small quantities over a longer pc riod of time or whether some indi viduals might be intoxicated by on, quantity while others would not bt affected by the same quantity canno be ascertained from the information nor from the demurrer.
 Court Cannot Rule.
 ''It is apparent that there is notll ing in this record from which tla: court can determine in any way wig amount of alcoholic content woult make beer intoxicating and whicl would not. r~-~-n-~->
 "The demurrer has admitted tn facts alleged in the information. Tn, defendant has thereby admitted tha he made a sale of beer which is product of malt and which is com monly known as lager.
 Does Contain Alcohol.
 "Therefore, the only point present ed upon this demurrer to the infor ntation is whether it is necessary 4 alege in an information whether tn, beer sold was intoxicating. The in formation does state that it contain alcohol and is a malt product and I, this extent and in this way the ma+p rial is excluded from the class of |, o,. alcoholic beverages, such as root be- (Continued on Eleventh Page, {.