Bisbee daily review., 1919-03-18
BREWERS TO FIGHT WAR
 PROHIBITION
 REGULATION
Legal Action to Test Validity
 of Presidential Proclama- tions Ruling Out Beer
Board Recommends That the Manufacture of Beverage
 Be Continued Despite Law
Ry Review Leased wIral


 NEW YORK, March 17.-Announce- ment of the intention of the Lager Brewers board of trade to secure the governments definition of non-intoxi- cants was made today following unan- imous adoption of a resolution advo- eating legal action to test validity Of the presidential proclamations and in ternal reTeneu rulings based on the food conservation laws of August 10, 1917, and November 21, 1918. The lat ter act, providing for wartime prohibi- tion, already has been challenged as to it's constitutionality in a stock holders suit filed here in the federal court.
 The board also recommended that its members proceed according to the Root-Guthrie opinion, and that in case of proceedings or threatened proceed ings against any of them by the com missioner of internal revenue, the de- fendants at once communicate with the board, "so that there may be har- mony and consistency on the conduct of legal proceedings to protect the rights of the brewers"
 34 Per Cent Planned
 The opinion was addressed to Chris tian w. Feigenspan of Newark, N. J., president of the United States Brew CTS association, with which the New York board is associated.
 Elihu Root and William D. Guthrie, counsel for the brewers. based their opinion, it was stated, upon an assur- ance by their clients that malt liquors which contain not to exceed PTS per cent of alcohol by weight, or 3.3 per cent by volume, are not intOxi- eating" and that this could be ''estab- lished by the evidence of experts and other competent witnesses"
 The lawyers declared that there is 10 provision in the acts of congress which authorizes any executive officer of the government to determine what malt liquors are in fact intoxicating, or to prescribe any fixed test or standard for determining when malt beverages shall be deemed intoxicating"
 Act Held UnappIicable
 They added the opinion that the proclamation of the president dated January 30 and March 4, 1919, author ize that use of grain and other food products in the production of malt liquors which are not in fact intoxicat- ing, and that the act of November 21. 1918, (containing the wartime prohibi- tion clause), does not apply to non intoxicating beers"
 NThe conclusion we have reached, therefore" the opinion continues, ''is that brewers may lawfully disregard the interpretation placed by the com missioner of internal revenue upon the act of November 21, 1918, and the presidents prOclamatiOns above refer red to insofar as such interpretation would prohibit the manufacture of malt beverages containing more than one-half of 1 per cent, and not to ex- ceed PTS per cent of alcohol by weight or 3.3 by volume"
 Supreme Court Ruling
 Tn reference to the suggested in- junction against government interfer- ence with the brewers announced plan of action, their counsel advised that 'the supreme court of the United States had clearly decided that a suit may be thus brought against federal officer acting or threatening to act in excess of his authority or under valid ity made authority It seems to us reasonable, that if such a suit were pending, the government would not proceed summarily by way of seizure or arrest, but would cooperate tc bring about speedy determination by the courts of the grave questions in volyed."
 In pre-war days. according to offic CTS of the brewers board of trade beer contained, on the average, 3 1-i per cent alcoholic content The S-4 per cent standard was established un der the food conservation law of 191' by President Wilson. who decreed tha after January 1, 1919, no malt liquor except ale and porter, should be manu factured with a greater percentage O alcohol.