Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-04-25
BREWERS GIVEN WARNING
FACE PERIL PROSECUTION
SHOULD LAW BE UPHELD
to Follow Intent of Law in En-
forcement of War Time Prohibition Beer
or Wine Not to Be Excepted - Intention of
Congress Was to Stop Waste of Grains and
Fruits in Their Production

Wv York. April 24.-The Govern
.oor- 7roposas L literal enforcement
= the wartime Prohibition Act, in
.nd;ng Jan on production and sale
# al beers ana wines. whether or
mi tnev are intoxicating, the De-
.,s,.nent of Justice announced
,arough / special representative n
IA Fa,;elal court here today.
While no steps will be taken to pre-
ami brewing. pending court deter
.,tnat:on. Of the laws constitutional
- raised Uy brewers of the New
vors district. manufacturers will OPP
rate n peril OF future prosecution,
!ccording 70 the statement OF William
e Fits, special counsel appearing for
y;ornev General Palmer in the beer
tsltion.
The attorney advised Judge A. \.
Hand. rho heard arguments on the
..oyerr,nenti motion TO dismiss the
ant brought on behalf of the National
Brewing interests by the Jacob HOff-
mann Brewing Co. TO restrain the
Federal authorities from interfering
with It's production of "a per cent.
beef hat the Department of Justice
lid not know and did not care
whether me strength indicated was
intoxicating The law prohibited sale
sfter Tune 80 Of dostilled beverages
IS well is manufacture after April
o and sale after June 80 of beer.
vine lnd other intoxicating malt or
vDous liquors for beverage pur-
noses pending the demobilization OF
he military forces. he said. Beer"
md vine we're not qualified in the
opinion OF the government. he added.
and The apparent congressional inten-
ION 10 step the waste" of grains
md fruits ii their production in any
strength would be enforced.
With half the world" looking TO
America for food. Mr.. Fits contend
ID. the necessity of it's conservation
WIS greater even than the day Of
Chateau- Thierry and it was equally
essential that liquors be withheld
from public sale While the army and
e2yy we're undergoing demobiliza-
gon'
- this statement Judge Hand add
q his opinion that the war was
Ill n progress, which upset one
G. he conulainants' contentious.
Following E.Iihu Root. who argued
nat he pr0hI bition law did not apply
70 5eer which was not intoxicating
= "hich class the brewers rate the
: - per cent product) and that the
aC,. having been passed after the
sicrlnE Of the arnistice and the ex-
Mration II the war emergency. was
constitutional. Mr.. Fits commended
'hat The aCr vas wholly within the
Empowers of Congress. He asked
Ia; Al injunction sought by the
iosfmacn Company to retain the
ssderai District Attorney and the
doctor Of Internal Revenue from be-
gaming Proceedings TO interfere with
S DroGUct.on of = ga per cent
rev De denied.
IN he admission of William D.
ju'hr'e, associate counsel for the
ompia.nalts, that he had no proof
0; Alleged threats by District Attor-
1aY tatfav 10 prosecute the brewers.
"'Qse land said he thought Mr..
arey should be eliminated as a de-
eHraHt Mr. Guthrie argued for
termination BY the court Of the
1ssuon II whether j district attor-
''y might De- enjoined from conduct
IL Prosecutions IN violation of Grim
Ia a rs whose validity was in doubt, !
Nv lec.inei . withdraw the dis
u attorneys name from the COM
3" ''~ Of published statements of
- 'h'eraai Revenue department
''--it4'iHg mention 10 bring seizure
',.4 forfeiture proceedings against,
ending Drawers. there was sug-
Continued on Page Cool. 81