Bisbee daily review., 1919-04-19
BREWER|ES DEFY LAWS AND SHIP
 FIRST BEER
Kegs Sent Out Without Rev eriue Stamps When Collec-
 tor Refuses to Sell Them Beverage Containing 234 per Cent Alcohol Made in Eff
 fort to Test Regulations
By Review Leased Wire,

(By Review Leased Wire)
 NEW YORK, April 1S.-Brewers of the New York district took action to- day to speed court decisions of their claim that beer of 2 3-4 per cent alco- holic content may be produced with out violating the food conservation regulations, when two or their number began distribution of a brew of the strength specified in barrels bearing labels describing it as non-intoxicat- ing 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 ad- vised their action, declared that other manufacturers in New York and else where throughout the country, also would begin distributing.
 Made Since December 1
 The beer shipped here from the Hoffman & Gambrinus breweries, had been manufactured since December l. when by presidential proclamation. use of grains for brewing was pro- hibited, to be modified early this year by permission to make non-intoxicat- ing, or near beer" which the revenue department classified as containing less than one-half of 1 per cent alco- holic content.
 The Hoffman breweries notified the internal revenue collector early this week of their intention to resume dis tribution of the 3-4 per cent product. This was the standard during the greater part of Americas participa- tion in the war, under the food regula- tions.
 When application for revenue stamps was denied, the brewers an- snounced their intention of rendering payment to the authorities. When this was refused it was decided by the Hoffman and also the Gambrinus con- cerns to deliver goods without stamps, and special labels prepared on order of Elihu Root and William D. Guthrie, counsel for the brewers of the coun- try, were attached to the barrels. The labels contained the following legend:
 Labels on Kegs
 Misunderstanding beer, containing not to exceed 3-4 per cent of alcohol by weight
 "The internal revenue tax imposed by section sos of the act of congress of February 24, 1919, of $6 for every barrel containing not more than 32 gallons has been duly rendered to the collector of internal revenue for the dlstrlct or ............... and upon his refusal to receive the tax and Is- sue 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 telegraph at once to un- dersigned," and the name of the brew. CT follows.
 The text of labels was contained in an opinion given to Christian w. Eei- gnnspan, 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 is- suance of stamps, advised the proce- dure begun by the Hoffman and Gam brinus companies.
 WASHINGTON, April 18.-In ab- sence of Internal Revenue Commits sioner Roper, officials of the revenue bureau tonight would not predict what action might be taken in the case of the New York brewers, who today started distribution of beer containing 2 3-4 per cent alcohol, claiming it to be non-intoxicating under existing laws and regulations. The only action of the bureau so far has been to re- fuse to authorize the sale of revenue stamps to brewers desiring to make beer with this alcoholic content, since regulations place at one-half of l per cent the maximum alcoholic content for notwithstanding beverages of any kind.