Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-04-19
BREWERS HASTEN
A TEST Of LIGHT
Be { R RULING BY
VIOLATING RULE
Kegs Containing Two and
Three-Quarters Per Cent Al
CohoIiC Beer Distributed in
N, Y, to Start Court Action
MONEY FOR REVENUE
TENDERED-REFUSED
Labels Bearing Legend That
Tax Has Been rendered and
Deposited Subject to Order
Replace Stamps,

lHf hoHNiho IouHhAL srsCtsL LEASED wiPGl
New ork, April 1S.--Brewers of
the New York district took action to-
day intended to speed court determi-
nation of their claim that beer of
2 "a per cent alcoholic content may
be produced without violating the food
conservation regulations, when two of
their number began distribution of a
brew of the strength specified in
barrels bearing labels describing it as
a Misunderstanding beverage.
The kegs, sent out without revenue
stamps, which the collector had re-
fused. carried tags announcing that
sums equivalent to the cost OF the
stamps had been deposited in banks
to await the claim of the government.
Attorneys for the brewers, who adj
vised their action, declared that other
manufacturers, in New York and else
where throughout the country, also
would Begin distributing
The beer shipped here, from the
Hoffman, and Gambrinus breweries,
had been manufactured since Decem-
ber |, when by presidential proclama~
ton, use of grains for brewing was
prohibited, to be modified early this
year by permission to make non-in-
toXicating, or "near" beer, which the
revenue department classified as con-
tanning less than one-half of one per
cent alcoholic content.
May Result i'm Test.
1t was expected that the brewers
action would precipitate move by
federal authorities intended to stop
the sale of unstamped beer, thus
bringing into the criminal courts the
manufacturers contention,y alread
raised IN civil suits that the two and
three fourths per cent brew being
without the scope of the food conser.
walton and prohibition statutes for
bidding production of intoxicants
could be manufactured and sold, now
and in the future under either the
war time or permanent prohibition
status, in compliance with the law.
The Hoffman breweries notified the
internal revenue collector early this
week of their intention to resume dis
tribution of the two and three-quar-
ters per cent product This was the
standard during the greater part of
Americas participation in the war
under the food regulations.
When application for revenue
stamps was denied, the brewers an
nounced their intention of rendering
payment to the authorities When this
was refused, it was decided by the
Hoffman and also the Gambrinus con
Germs to deliver goods without stamps
and special labels prepared on order
of Elhu Root and William ID. Guth7
rie, counsel for the brewers Of the
country, were attached to the barrels
Labels In Lieu of Stamps.
The labels contained the following
legend
Iy,tn it,fr t,,.
not to exceed "a per cent of alcohol
by weight.
THE internal revenue tax imposed
by section COS of the act Of congress
of February "a, 1919, of $6 for every
barrel containing not more than 3
gallons. has been duly rendered ( =
the collector of internal revenue for
the district of ------ and upon his
refusal TO receive the tax and issue
the customary stamps, the full amount
of the tax was deposited to his credit
with ------ bank thus keeping the
tender good. If any attempt be made
to seize the beer, telephone or tele-
graph at once to undersigned, and
the name of the brewer follows.
The text of the labels was contained
in an opinton given to Christian We
Feiganspan, president of the United
States Brewers association by Messrs.
Root and Guthrie. This opinion, writ
ten when the brewers declared the
collector had Threatened" to refuse
issuance of ST; mps, advised the pro-
cedure begun by the Hoffman and
Gambrinus companies. \
The Hoffman concern is complain
ant in the test case brought to re.
strain the federal district attorney and
the internal revenue collector from
with the production of
2 ga per cent beer.
Argument on motion by the gov
ernment to dismiss the action has
been set for next week