Omaha daily bee., 1919-04-13
LACK MEANS TO
ENFORCE DRY"
Law IN NATION
lntimation Given by Revenue
Commissioner That Opera
ton Of Act May Be
Postponed.

tNOUthuueo Fr0ut Ihko Ouesb
July | appears erroneous in the light
lof the revenue commissioners de-
cision that he has not authority MOI
appropriations necessary to carry
out the task.
Commissioner Roper and Secre.
tary Glass have always been op'
posed to lodging in the bureau the
junction of enforcing prohibition
measures and have suggested thai
the Department of Justice il the
proper agency for this work.
The enforcement of revenue meas
ares which remain on statute books
regardless of the advent of prohibi.
ton on July | will not constitute
air adequate policing OF the coun-
try so far as making prohibition
Of the manufacture of liquor abso.
iutely effective or even coming near
il, revenue officials now explain
Campaigns against moonshiners
which heretofore have engaged a
large force of revenue agents, have
y been very limited in scope as COM
pared with the nationwide viola
tions looked for after prohibition
goes into effect for the entire coun.
Try.
License Authority Expires.
Technically interpreted, the reve-
nue. laws would constitute sufficient
i,asis for detecting and prosecuting
illicit manufacturers or dispensers
Of liquor. officials say, since it vio-
lates these laws to make liquor
without authority of the revenue
/, bureau and without paying the tax
and the bureau will have no author
TN after July | to issue licenses
Hespite this, persons detected in
Tie manufacture Of whisky, beer
wine or other liquors, would be
subject, not only to the penalties
provided by the prohibition act. but
those established by existing rcve.
rue laws and to the payment OF
liquor taxes in addition.
Among the officials and influential
citizens who are said to have pro-
posed to President Wilson that he
consider the proclaiming of the end
Of Rehabilitation before July !, and
.hus render prohibition on that date
ineffective are some ranked as adt-
vocates Of prohibition. Their atti-
trde, it was explained today, is that
i without proper provision for en-
\ forcing prohibition there would be
many violations, that consequently
the cause of prohibition would be
tiiscredited and that revulsion OF
feeling on the question might occur
There has been no indication OF
any intention ON the part of the
president to follow these sugges-
tons for the sake of preventing the
effectiveness of wartime prohibi-
ton. II also was stated today thai
The treasury would make no formal
or official suggestion regarding ac-
ton to postpone the effective date
of prohibition and that any position
Mi. Roper might take oh this phase
of the question would be entirely
personal, and not in his official ca
pacity.
Repeal of Act Discussed.
A number of members of congress
recently have discussed proposals
that repeal of the wartime prohibl-
ton measure be sought if aNspecial
session is called soon. Even some
advocates of prohibition have dis
cusscd the possibilities of this &C
tor, although they have not indi-
Gated their adherence to any such
plan. Most prohibition supporters
are believed to be strongly opposed
to these suggestions.
President Wilson also has been
asked to remove the ban on the
brewing OF beer now in effect, inn
posed originally as food conserva-
ton act. Under modification OF
this executive order, permitting the
manufacture OF near beer" brewers
in New York and elsewhere are
now seeking to nlake>a product con-
tanning 234 per cent alcohol, claim.
/ ing this to be Notwithstanding. The
revenue bureaus attitude toward
TX per cent beer has not yet been
determined finally. pending receipt
Of an opinion from Attorney Gen.
oral Palmer. Temporarily, however
Commissioner Roper has instructed
revenue collectors not to sell rev.
eniie stamps ordinarily affixed to
beer to brewers desiring to make
"a per cent beer.
Thus the manufacture of this beer
At this time is considered illegal
and the bureau has not been apprised
that any brewers were. actually max
ing it. Tentatively, it is said, the
ccntention of the revenue bureap
is that 2A per cent beer may no,
i be made legally under the presi.
dents food conservation order and
this contention has been upheld in a
brief presented to Attorney Genera
Palmer in connection with the re.
\ quest for AN opinion.
New York, April 12.-Representa
\ lives of the United States Brewers
association asserted here tonigh,
that Revenue Commissioner Roper's
ruling on enforcement of the war.
time prohibition act was "a recog.
milton" of the position taken by
Eiihu Root and William d. Guthrie
the associations counsel in the suit
brought in federal court here to
nullify the act.
The contention in the test sui
brought here. it was pointed out
was that neither the revenue depart
ment nor the United States districi
attorney had authority to enforce
the act. With Mr.. Roper's decision
tiisposing OF the likelihood of inter.
ference from the revenue depart.
nent, confidence was expressed thai
the last menace" that of action by
the district attorney, would be re.
moved by the result of the suit.
The case is scheduled to come ur
or hearing before Federal Judge
A. N. Hand next Friday.
It was predicted that at that time
counsel for the brewers would waive
temporarily, the second question
n - y : 4 T., &La e,,,{- x..h atbar baer rop