Free trader-journal. (Ottawa, Ill.) 1916-1920, 1919-07-01
BEER AND Wine ARE
GIVEN A REPR|EVE.
BY FEDERAL RULING.
ATTORNEY GENERAL PALMER
HINTS pa PER CENT BEER WILL
BE TOLERATED UNTIL COURT
: HANDS DOWN DECISION.

law remains in force it must be
obeyed, and that the department of
justice would do its utmost 'to per
form 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.
"a per cent alcohol would depend
upon rulings made by the district
courts in which cases now are pend.
ing or may be brought
United States Won't Prosecute.
Instructions went forward yesterday
to district attorneys in wet territory
that the department would abide by
the recent decision in the test case
brought in New York and would no,
prosecute dealers selling beverages
containing not more than pa per cent
of alcohol.
Mr.. Palmer's statement was inter-
preted as meaning that the depart
ment of justice will take no action
pending a court decision against per
sons manufacturing or selling beer
and wines containing "a per cent or
less alcoholic content.
In permitting saloons to remain
open for the sale OF 2ai per cent bey.
erases the department of Justice is
understood not to forego the privilege
of prosecution later, If its contention
that "a per cent beer is intoxicating
is upheld. In short, this question is
held in allegiance until 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 dis |
titled spirit and any beer, wine or
other Intoxicating malt or vinous
liquor. except for export
This prohibition will continue un.
der the terms of the law until the con
clusion of the present war and there
after until the termination Of demo-
bflizatiOn.' 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 1t. u
"This law has been held to be con "
stitutional and valid by the Circuit "a
Court of Appeals sitting in New York
1t plainly makes unlawful the sale Of
whisky, brandy and other distilled Il
spirits and wine. t
"Beer" Only Question. !.
"The only controversy that has
arisen is as to whether the sale of
beer containing so little alcohol as not
TO be in fact Intoxicating is prohibited
"The governments contention has d
been that the act prohibits the manu- !,
facture and sale of beer containing as
much as one-ialf Of per cent Of al
cohol, but the Interpretation OF the
act is not free from difficulty, and 7
am endeavoring 10 have the question
settled by the courts at the earliest
possible moment.
my course with respect to beer con-
taing less than 2M per cent of alcohol
which it is claimed is not intoXicat.
ing-will depend upon the ruling
which will soon be made by the dis
trict courts. in which cases are now
pending or In which other cases may
be brought.
81 have no 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
generally understand that the pend |
erfcy of litigation will be no protection
against prosecution for offenses under
the law
sVloiators "Must Be Prosecuted"
.s'But with respect to whisky brandy
and other distilled spirits wine and
beer containing more than 2M perl
cent of alcohal, and other intoxicating
malt or vinous liquors the prohibition
Isl beyond controversy and but one
course Is open to the department oil
justice.
sAll persons found selling such
liquors must be arrested and prose-
cuted.
1.-THE district attorneys will cause
warrants to issue for all offenders as
to 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
deputies will promptly serve such war
rants.
"With the cooperation Of local au.'
thorities, it Is believed that the law
can be made effective. For this rea
son call attention to the fact that
1t is the duty of local arresting officers
to make arrests for offenses committed
in their presence whether the offense
be against the laws Of the state or
the laws of the United States.
Looks to Police.
Il confidently expect the hearty co.