The Bridgeport times and evening farmer., 1919-11-22
CHRISTMAS CHEER WAITS DECISION
 ON DRY LAWS
Court Likely to Hand Down Opinion Before It Begins
 Holiday Vacation
GUTHRIE ARGUES FOR
 NEW YORK BREWER
Declares 1.75 Beer Has Value As Food-War Ended
 On Armistice Day

Washington, Nov 21-The last hopes of the vets for a hiatus in Pro- hibition before the Eighteenth Amendment goes into effect are cen tred on the decision of the United States Supreme Court on the consti- tutionality of the War Prohibition Act Its opinion, it is thought, may be made known before the Christmas vacation "
 If Congress should pass joint res olution ending the war and it is ap- proved by President Wilson, this might serve to lift the ban, but the belief is the President would veto such a resolution.
 William D. Guthrie of New York, followed ex-Senator Root in arguing before the Supreme Court the appeal of Jacob Ruppert, a New York brew CT, who contends he has made non intoxicating beverage in PTS per cent. beer.
 The United States Treasury never
 intended to say, said MT. Guthrie, that liquors or beers containing one-ha1f
 of one per cent. of alcohol were t'in-
 toxicating." This definition was fixed as a, standard by which officials could
 detetrmine if beverages taxed by Con-
 gress came within the limit of those
 to be taxed as ''alcoholic.''
 He declared the Volstead Enforce ment Act, refining intoxicating liquors as those containing one-half of one per cent, as based on the Treasury definition, goes further than was in tended by the War Prohibition Act or the Eighteenth Amendment to the Constitution and puts the ban on non- intoxicating beverages.
 When the Treasury decision was f1o f Fl, out any intention of saying that a beverage containing more than one half of one per cent. was an intoxi- cant, but was fermented. If above this limitation the taxes of Congress on fermented liquors was applicable; 1 if below, the beverage was regarded as non-fermented.
 In several instances, MT. Guthrie explained, the Internal Revenue Bu- reau has stated that one-haf of one per cent. had nothing to do with de- ternining the intoxicating character of beverages" He added that in the debates of Congress it was pointsd out that a beverage with no more a1- [ cohol than that was not an intoxicant. He said it amounted to only a quarter 1 of a teaspoonful of alcohol in @ large glass of water.
 Stating that his clients did not con- cede that congress cOuId destroy nOn- intoxicating beverages without just comp the lawyer declared there are 5e,0O0, 900 or s60 900, ,O00 worth of PTS beer in the United States, that the beer is healthful and has a food value. He argued that all the conditions specified in the War Prohibition Act have been satisfied. He emphasized this assertion by saying the common usage of language in the United States and the under standing of the people are that the
 war ended with the cessation of hos 1 tilities, Nov. Il, 1918, 'and when his | tory refers to the end of the war ii | will refer to Nov. II, 1918. and not to
 some future treaty."
 1 MT. Guthrie drew a sharp distinc- 1 ton as to President Wilson's state
 ments on the subject. The President
 he pointed out, did not say that ''the state of war; had come to an end. Il was shown in this connection that the War Prohibition Act referred to the | end of the war. MT. Guthrie said the l "state of war" might continue fol some time.
 As for the other condition of the l War Prohibition Act. he cited an ] nouncements by the War Departmen l and by 7Pershing that denlob bill l zation had been concluded, and als' | declared it was not necessary, to mee 1 he provisions of the War Prohibi