The evening world., 1919-07-24
vILSON RENEWS DEMAND FOR SPEEDY ACTION nv SEA

4s beer lntoxicatlne and wha,
pold not
y The demurrer has admitted the
fecla alleged In the information. The
flIondAnt has thereby admitted thai
- made a sale OF beer which ls 3
ortauot Of malt and which IL com
nthly known as lager"
'rhn information does state that u
ttnlnlns alcohol and Il a malt pro-
otct and 70 this extent and In this
way ths material II excluded from
fhs class of non-alcohollc Beverages
el,rA e. root beer ana other varieties
~ homs-mAde or harmless drinks
eblch are not tho product OF malt.
'-rha statute expressly limits the
I..crect Of tnis portion of the law 70
sroanofr a. malls and Of vinous fer
ein,&ntafion. II In evident that
rIiho purpoas Of the sections of the law
rriatfne 20 alcohol are Intended 10
frnhucs conservation Of food and
ai.s b further tn well being OF the
heath ana the military strength OF
~ nation which. In the opinion OF
raconsrssa. would be injuriously At
raoted BY the manufacture and sale
nnf besr. wine and other Intoxicating
mnlt ana vinous products and also
lkullsd spirits.
nkvs coNoREes INTENDED 70
,rsI HOLD Seer INTOXICATING
1udgs chatneld reviewed. the hh'
ration IN the Southern Now York
-uhnsot regarding AIS beer last
rrs,rins. He noted that tho Circuit
court Of Appeals unanimously de-
nidsd ne United District Attorney
"a. not 20 be stopped from prosecu-
ilonn under the war-Tims Prohibition
Act irrespectivo Of Interpretations OF
is meaning ana intent but that "the
r,nrt AZ the request OF counsel and In
ordns 70 facilitate prOceoeinEs In fn-
iStu cases expkeassd their opinion a. ,
q the meaning Of the phrase No !
usur. wine OF other intoxicating malt (
- vfnoua ilauor.'" Further be
onote. the opinion from the Court Of /
Aepoais that "the court cannot un-
dsrtaka 70 say ~ matter Of law that
nAnor which conaans s.7S par cont al
oohoi IA not intoxicating"
sfhis idea 10 plainly in accord
In ne statute.r tho decision con-
tinnau. Congress had u In mind TO
nav beer or any other product OF
mnlt Of an Intoxicating natuff' The
NAnught was that expressed An the
seisctsve Service Law, which says
no intoxicating liquor. including
kttr. ale or wine But either state
niknt would suggest that Congress
classified. and iptcnded TO classify
tMur a. Intoxicating. and merely
made sure that II was covered by
the law in case dispute aroso The
lke surely included beer and showed
tkat Congress understood n to o.
iqloxicating.-
L Judge chatfleid refers 10 Maryland.
Massachusetts, and Pennsyivania de-
customs and says Il 10 apparant that
va court has held that Congress
meant 70 class as Notwithstanding
any beverage on which an internal
rcvSnno taS s charged he con-
ilnuss;
\ .rhe statute intended 10 conserve
f6da. 70 lnUrOase the man power OF
ihe. patton and 70 protect the organ
laaiion OF the Army by prohibiting
ne sale OF beor which has a tendon-
cy, to lntoxicate 70 such an extent n
n lbtersero with tho moralA the phys
ical welfare or tho good order OF the
osmInunlty. Whether or not the
mere aale OF malt beer, even though
it RRve not sufioient alcohol content
to fully intoxlcato. is OF itself dotri-
u.ontei: whether the sale OF such
iid,,pr teven though It would not
N@If intoxicate) Is disadvantageous
H1m the standpoint OF the conserva-
|onn OF food. are things with which
hourt has nothing TO do. That is
a Question for the calm discretion OF
copkress and Il Ii evident that Con-
e. Intended by tho act under con-
D gIfntion TO prohibit the sale OF any
"a beer"