Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-17

they would continue 10 aDldN ny III"
law aS they understood the government
to mean it and would refrain from sell
ing 30 per cent beer and try TO stop
others. not union bartendors, from
selling il,
An official Of tho BcrGuer & EngCl
Company announced that the company
would very probably 20 into court and
plead not guilty to the informations
brought by the district attorney.
Two Opinions Reached
In his opinion. Judge Dickinson said
I'VE have withheld the foregoing
opinion until We received copies of rul
ingS in other districts which we were
advised were in course Of transmission
to u.s. We now have two of them
one sustaining the demurrer and the
other ovcrruling it.
I'VE find ourselves in accordance
with the ruling Of Judge Thomson, of
the Western District Court of Penn
sylvania. The only difference is that
he saw fit to OvPrrule now, and We q"
not see any reason for making formal
ruling at this time.
"All that is really involved is
regulation of the burden of proof and
this. as we have said, is properly
trial ruling.
Judge Dickinson scores the local
brewing company for coming int" court
on the demurrer and declares that tn"
" :...; ,bo+ tb, dorordout
,"a -, ~, nd,i.oJ
lut IN IT'S o'>' ''Sn'' Nv oP''''"'
me attltudp Is InIN
= ongr"S< mas ''yGIu'.rH m! '"r ,'"m.
had in mind that beer is Intoxicating.
What we want to know is. if We max"
beverage with so low an alcoholc
content as not TO b" lntoXlcatlng' Will
this be a violation of the law!
There is no call upon the court to
share the responsibility win man
who chooses to take the RISK OF Vlolal
ing the law by u"ihG "hat may Do
found to be VOCATION. lie must
TAX" the Wh"le responsibility io' ~
dong II ne utPuS auNlSe leI MN ~ w
MS lawyer lor H.
"Whenever. as here, a controversy
has arisen over the meaning or words
or phraseS' 1t Is "anSero"H |" eInpI"s
Il u. pa, !" III L aoe :" +ho ,,ononbrnso ,nor ho
~ ,,,,a.,irr ,r,,str,,o+io,s os
I,, .;a;rol Ibroso Wa will +here-
faro nro,or+ tho CONTROVERSY bv thn
nuo+a+ion Of tbe very words the use
If which NV Congress- has proyed it.
Congress. bv act of November 81
1913. prohibited the use Of cereals in
the manufacture of beer. etc, or other
Intoxicating liquor, etc
Question Of Cereals
, I s,od :,
n'o' ~ aLaad uot tba doford, pt
NI'" - D. 49, o,,foot,ro of
"'' a., fan,, - +h;s q o+
~,
VI
IL VIII pe no'eu 'n"' 'nT '"pI Sc ~"
talnS no a'etlnent 'n"' ,rI NV, 0.sl .''u'
't'"u' was - .t -
,'.1,I,. .t odo rrhis u,os hocou,o
49,, ,,,.iru ~ +bo act of Concross !,
a,,.o,.oI 80 ho tbot tho manufacturo of
ta.l,;5dor os ,r,.h os won a..
is a.. Io++or .ro irtov-
o'l',,
'N"''"e'
pcmurrers nave oeen lh'erposeu L"
the Information because Tue "'len""l'
constructs tue act ol Cons''SS =" Ii'"N
thaI n'i'her 'ne ,''""uAo' '"'' W y,,'
nor ot any o'her beverage Is '''o''''r'
unless 1t Is lhto%icatins' nnu' as '"'
beer made by the delenuan' NOT
averred to be lntoXlcatins' .ne lnlor'!'"
tiOn does not charge any onense against
the law TO have been committed.
"It will be observed that no answer
to the question before us as thus pre-
sented can be given WITHOUT giving
construction Vi 'ne az VI ,L,1 ~ he Joolonnd
ID" OIL 'ie 'nSe ~ :. in5ood fnanLI,,
IN advance oil Lrla'' - 10 ''teeu ~, - In
avoWed that 'he se'ui Ing VI ,"'o ,no
struction Is the rea, purpose VI NV
present proceeding IL Is ih'enuen "
be a test case.
"In view of the disposition we have
decided to make of the case as now
presented. it is proper that there should
be interpolated at this point a state
ment of the attitude of the court, and
that attitude, including what has al
ready been done in reading a ruling in q
| test case.
"Sneaking for both its members
/ lrrdga Thomnson ia meant) this court
would willingly render all the aid withir
! a.. r,o,,.o,. to cor,neI its observance anC