The sun., 1919-03-20

ana by virtue or the Constitution OF the
United States
copies OF the regulations or decisions of
the Commissioner of Internal Revenue
herewith attached, said Federal officer
has construed the said act of Congress.
with the consent and approval OF the Sec
Rotary Of the Treasury, as forbidding the
use after May 1. 1919. of grains. cereals.
fruits or other food products In the man
ufacture Of beer or other malt liquors
containing one-half OF one per cent. or
| more OF alcohol by volume, and as for
bidding the sale after June 30, 1919, of
beer or other malt liquors OF said alco-
holic content,
Notwithstanding tho fact that such
construction OF said act of Congress IL
erroneous unauthorized and void, that
1t exceeds the authority conferred upon
| the Commissioner Of Internal Revenue
by the President in and by the proclama-
| tlons of which copies are hereunto at
tached, and that said act of Congress Is
itself wholly unconstitutional and void
for the reasons and in the respects here
| inbefore stated Il Is nevertheless the
purpose intent and threat Of the Com
missioner of Internal Revenue, his
agents and subordinates, including the
| defendant Mark Eisner, as well of the
Department of Justice of the United
| and employees, including the defendant
Francis g. Caffey. to enforce against the
| complainant, its officers, agents and ser
wants. numbering more than seventy.
| the various pains and penalties. includ-
| Ing fine and Imprisonment and various
forfeitures OF property, provided by said
act OF Congress and other laws and reg
| ulations, and thus involve the complain
ant. its officers, agents and servants in
ot,A xxrtN q hA
disorganization and dispersion of its
| STAFF OF skilled and trained employees
by frightening them into quitting its
employ to avoid prosecution and possible
punishment, the destruction OF its bust
ness, the loss of its customers, and the
depreciation, IL not destruction, OF its
good will and property, all to the irrep-
| arabic damage OF the complainant and
| its stockholders, and which said injury
| and damage would be incapable of ad-
| Measurement and adjudication in an ac-
ton at law.
Complainant further alleges that in
order to carry on its business of brew
Ing beer. whether intoxicating or not. II
Is necessary and essential for it to pur-
| chase and make provision for large
quantities Of materials. supplies and
labor several months prior to the COM
mencement Of brewing or manufacturing
| operations that unless complainant can
Immediately procure from this honorable
court relief in the premises no such pur-
chases and provision can reasonably or
safely be made by 1t that there will be
| in that event a cessation OF business for
an indefinite and probably considerable
period of time on its part: that such a
! cessation Of business will involve ir-
reparable injury and damage to il and
its stockholders, in that 1t will destroy
the good will OF the business. cause the
loss OF large and indeterminable profits
and disorganize its business and staT of
| skilled employees. and tend TO the diss-
patton and loss of it's trade and custom
ers and the depreciation in value OF its
plant and property"
Injunction Plea Made.
| The prayer for relief requests an in
| junction against Collector Eisner and
United States Attorney Carfey.
A temporary injunction is sought
pending a final hearing on the matters
in controversy. Subp9nas for the de-
| PENDANTS are reques and will be issued
as a matter of course. The case. unless
expedited by immediate answer and
! joinder of issue, will be placed on the
court calendar at the end of Ave days.
| 1t was rema rked at the Office OF Will
/ lam D. Guthrie that this complaint is
unusual in seeking to restrain possible
criminal prosecution. In ordinary pro-
| cedure. it was pointed out, District
! Attorney cannot be enjoined from TAX
ing action against an alleged violator OF
the law or Government regulations. But
| because of the extensive interests in
| volved in the attempt of the Internal
| Revenue Bureau to restrict non-intoxi-
eating beverages II was maintained that
this extreme procedure was justified in
| law.
Joseph F. Prendergast. chief deputy
clerk in the Office OF the Collector OF In
ternal Revenue. stated that though Mr.,
Eisner had resigned that office some time
| ago he would nevertheless remain a de-
PENDANT, being the only proper person to
fill that position until his successor had
| been appointed. So far internal rev.
enue officials here had received no in
structions from Washington as TO what
attitude they should take toward the
brewing Of a per cent. beer.
Company Makes Mild Beer.
The Hoffman company, it was said
has been making mild beer since the 2 Z.
per cent. standard was set, except during
December and January, when brewing
even OF non-intoXicants, was prohibited
With the lifting OF the ban on meal
BEER by the Presidential proclamatio
of January 80 it resumed manufacture
reducing the alcohol in its product before
sale to less than one-half per cent, un-
der the regulations now in force.
William II. Anderson, head OF the
Anti Saloon League, said he had ne
statement to make except that the brew
ems were doing what the league desired
by obtaining a court Judgment on the
matter and crystallizing public sentimen,
against themselves. Robert G. Davey
State counsel for the league. declared the
league would make an attempt TO inter.
vene in this litigation by applying for
the privilege OF "amicus curie," oil
friend of the court"
This privilege, while aligning then
with neither the complainant nor the de
PENDANT would enable them to introduce
briefs into the litigation as an interested
party. Mr. Davey stated he could mo-
tell when this attempted intervention
would be made. Wayne r. Wheeler
general counsel for the league, who 1,
now in Washington. Is expected to han
die this procedure.