The sun., 1919-07-25
Supplementary Decision by
Federal Judge Is Severe
Blow to Vets.
BEER SALE VIOLATES LAW
New Haven Liquor Dealer
Loses Test Case of Wartime
Prohibition.

that 2.75 beer Is intoxicating under the
existing laws and that selling It is n
violation Of the wartime prohibition act.
The circumstances of the test case
decided yesterday were similar to the
test case settled on Wednesday. Liquor
interests OF Connecticut that desired to
get a ruling on beer pushed the case.
Martin Schmauder of New Haven was
arrested and indicted. charged with SELL
ing intoxicating beer after July l. Judge
Chatfield. sitting for Judge Edwin s..
Thomas of the Federal district of Con-
necticut, heard the evidence, took the
case under advisement and finally de-
icided II yesterday.
The beer decision, coming on the heels
OF the affirmation OF the constitutional
fly OF the wartime prohibition act, IL
about the severest blow given to the wet
cause since the great majority of the
states ratified the Eighteenth Amend
ment.
What the Decision Says.
The essentials of the decision were as
follows:
THE information does not include
the word Intoxicating and the defen-
dant seeks by this demurrer to obtain
a ruling that no crime can be COM
mitted by the sale of a malt product
containing alcohol and being of the gen.
a .sa -, saIoms nc hesT hut
which Is that sort Of beer now manufac-
tured by the brewers since the restric-
tion upon the use of grain and which
does not contain SO much as 2.10 per
cent. of alcohol.
1T was argued In support OF the de-
murrer that such peer was not III tact
intoxicating Tor the reason tnat oelore
person coulo OBTAIN suiiiciehI uua
NY OF aicohoi 10 intoNioate ne "ou.u
nave 10 ur,nk 10 sucn ars eAeen. as -, =,
make MN III. OF 70 eAee.u s"e kTha,hoy
OF consumption AT one ..sne, W W. tae-
,n.o. NJ III ouu'u -, nontit,as over n
hs 'he 80 - ~. ,.hatha- some
longer perioo OF ',ine VI ~. one
lnu,N uu,e -, rro,,,d not he az
~ o,,,a o,,antit, c.nnot he
. - -, w. ,r,ormation nor
- a. ao-,,nrrar
~. :. ant that tbere IA Nothing
- ~. apss 49,, ,.,h,ch ~. court can
n,. ~ ~, go ,-ha, amount nj
.Ie.ha,,r onn,ant ,o,,d MAKE beer in.
,.iS - -, ,.o,,,d not The de.
$500 hs adr',,,ad ,ha S.cts alleged In
a.. ,r<nra,inn ,rha defendant has
ue .,..ns ..o, ~ -. /. ,a,a m
y 49,, ~. nroduc, ~ r,aIt and
oe1r "ii 10 -
"hNh 10
Admittedly AlcohoItc Drink,
"A similar SITUATION Is presented W
that portion OF the statute "hicn re,
letes to the product OF grapes produces
by fermentation, and the mere statement
OF the proposition carries with 'ns
answer that a demurrer cannot ne useo
in order to serve the purpose OF tria
upon the issue which would De RAISED
X person came IN ana uenieo that th'
product SOLD by MN WIS the suosthhc'
known when the act was passed as lager
beer.
Therefore the only point presented
upon this demurrer to the Information
Is vi ether 1t is necessary TO allege II
an reformation that the beer sold wal
int xicating. The information does stat
that Il contains alcohol and Is mai
product and to this extent and in THU
way the material Is excluded from th'
class OF non-alcoholic beverages, such al
root beer and other varieties OF hom'
made or harmless drinks, which are no
the product OF malt
'"The statute expressly limits the eff
feet of this portion OF the law to products
Of malt and vinous fermentation. Thi
OF itself initiates against the idea tina
the sole purpose OF the statute was Il
conserve food and indicates that a par
OF the purpose was to accomplish pro
hfbition with the incidental beneficial re
suit upon the health OF the nation AM
the Increase in orderly behavior which
the advocates of prohibition believe viii
follow restriction OF the liquor traffic AM
1T is apparent that the intent of tn
thoae malt nroducts which usrs COW,
monty known as beer and which war
aIso Commonly supposed 10 he intoxica Z
in1 which had always been classif,ed q
an Intoxicating linuor and which hecaus
OF their aIcohoIic content had come on
fact unon the nroduction and man nove
Of the nation while AT the Same tim
using in their manufacture sorna NJ IN
food products of the nation which ver
needed for the purposes OF the war an
for the purposes of restoring condition
at the termination of hostilIties 90 IA
as Congress had power to regulate con
ditions after the war as a mart NJ ~
military operation and conduct.
at is evident that II Congress h
making tremendous drain upon tn
resources of the country for immediat
war purposes, should thereby make
necessary TO regulate the use of materia
Immediately thereafter In order to brin
matters back to a normal base. the law
by which such restoration would be ha
can properly be made a part of the mil
tary measures which must be adopte
IN order to carry on the war and az
therefore Justified under the powers {
the United States against Winery in TIL
diatrict in an opInion filed this dav