The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1919-07-04
SLIGHT REPR|EvE
FOR LIGHT BEER
23-4 Per Cent May Be Sold at
a Risk.
ATTORNEY GENERAL so RULES
Palmer Declares He Will Enforce Law
to the Limit of Court Decision
of Test Case-FinaI Hear i,
ing in October.

Washington, July 1.-AttOrney Gen
eral Palmer announced that as long
as the wartime prohibition law re-
mains in force it must be Obeyed, and
that the department of justice would
do its utmost 'to perform the duty
which the congress has placed upon
it" in enforcing the law.
He said that the departments course
with regard to the manufacture and
sale of beer containing less than PA
per cent alcohol would depend upon
rulings made by the district courts In
which cases now are pending or may
be brought
U. s. Won't Prosecute.
Instructions went forward to dis
trict attorneys in wet territory that
the department would abide by the re-
cent decision in the test case brought
in New York and would not prosecute
dealers selling beverages containing
not more than 2A per cent of alcohol.
Mr.. Palmer's statement was inter-
preted as meaning that the department
of justice will take no action pending
a court decision against persons manu-
featuring or selling beer and wines
containing "a per cent or less alco-
EOlic content.
In permitting saloons to remain open
for the sale of 2A per cent beverages
the department of justice is under
stood not to forego the privilege of
prosecution later, If its contention
that 2A per cent beer is intoxicating
is upheld. In short, this question Is
held in allegiance until q final decision
is reached in the test cases. The Su-
preme court cannot pass on the ques-
ton before October.
PaImer's Statement.
The attorney generals statement
follows:
"After today it will be unlawful to
sell for beverage purposes any distil-
led spirit and any beer, wine or other
intoxicating malt or vinOus liquor. ex-
cept for export.
"This prohibition will continue I'M
der the terms of the law until the con-
clusion of the present war and there
after until the termination of demo-
bilization AS long as the law thus
remains in force, it must be obeyed,
and l intend that the department Of
justice shall do its utmost to perform
the duty which the congress has placed
upon it,
'"This law has been held to be consti-
tutionaI and valid by the circuit court
Of appeals sitting in New York. It
plainly makes unlawful the sale Of
whisky. brandy and other distilled
spirits and wine.
"Beer" Only Question.
1.-THE only controversy that has
arisen is as to whether the sale of
beer containing so little alcohol as not
to be in ct intoxicating is prohib-
tied.
'"The governments contention has
been that the act prohibits the manu-
facture and SAFE Of beer containing as
much as one-half of 1 per cent Of
alcohol but the Interpretation of the
act is not free from difficulty. and am
endeavoring to have the question set
sible moment.
"My course with respect to beer
containing less than 2% per cent of al
cOhOl--which 1t is claimed is not in
toxicating- depend upon the
ruling which will soon be made by the
district courts, in which cases are now
pending or in which other cases may
be brought.
81 have ne power to grant amnesty
to any who may see fit to manufacture
or sell beer pending an authoritative
judicial construction of the law, and I
am sure that brewers and dealers gen.
orally understand that the tendency
of litigation will be no protection
against prosecution for offenses under
the law.
VioIators "Must Be Prosecuted"
'But with respect to whisky, brandy
and other distilled spirits, wine and
beer containing more than 2A per
cent of alcohol, and other Intoxicating
malt or vinOus liquors the prohibition
is beyond controversy and but one
course is open to the department of
justice.
GAIL persons found selling such
liquors must be arrested and prose
cuted.
1.-THE district attorney will cause
warrants to issue for all offenders as
tc whom evidence is furnished by the
bureau of investigation, the agents of
the internal revenue bureau and the
treasury department, local officers or
others, and the marshals and their
IDENTITIES will promptly serve such war
rants"