The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-01
BREWING OF 2.76,
BEER WILL GO ON
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Continued from First Page.
status OF the litigation over the prohibi-
ton laws. Elihu Root and william D.
Guthrie, as counsel for tho brewing In
terests. expressed the belief that the pro-
hibitions as to the use Of food products
In the manufacture Of beer ARE limited
',and applicable only to intoxicating beer"
The letter asserts further the Commits
sionsr OF Internal Revenue has no au-
thority to determine that az per cent. is
the alcoholic limit that makes a beverage
intoxicating. While tho lawyers were
aware that the courts might decide
against the brewers. they told Mr..
Feisenspan that the judges undoubtedly
would take into consideration that the
brewers had continued brewing while re-
lying In good faith on the opinion Of
counsel pending an authoritative inter-
probation of the law.
The lawyers called attention to the
"trreparable damages the brewers would
sustain II they discontinued brewing and
broke up their organisations, and the
questions Of statutory Interpretation
we're then finally decided by the courts
In their favor" The brewers associa-
ton therefore resolved to send copies Of
the letter to all their members, with a
recommendation that they govern them
selves by It. The matter Is left open TO
their individual Judgment, but It Is ex
pected that they will all fall in line. Mr..
Feigenspan announced that his brewery
In Newark, for one. would continue
brewing.
Lager Beer Boards Action.
Acting on a similar opinion, the Lager
Beer Brewers Board Of Trade held a
meeting yesterday at its headquarters
lo9 East Fifteenth street, the result of
which was thus set forth In a statement
by the president, A. @. Hupfel, Jr.:
THE members Of the board OF trade
at a meeting held yesterday decided to
continue brewing beer to contain not to
| exceed IN per cent. alcohol by weight
or and after May I.
I'm arriving at this decision the brew
ers acted under advice of counsel Our
members take the position that this beer
OF low alcoholic content in non-intoxicat-
ing. and therefore does not come under
the provisions Of the so-called war time
prohibition bill.
In manufacturing and Offering for
sale the ~ per cent beer the brewers
do not feel that they are in any way
violating the spirit or tho letter of the
law.
Il might add that the membership o,
the Brewers Board Of Trade includes
nearly all Of the brewers Of Greater New
York. Newark and Jersey City"
One or two OF the smaller brewers II
| was said. would stop brewing, but the
great majority favored the action OF
, the Board Of Trade. Two Of the larger
| concerns. however. were reported to be
also on the verge of stopping. They
were the Jacob Hoffmann Brewing Com
pany and the George Ehret works. II
was said at the office Of the Hermann
Company that they contemplated ceas-
ing the ~ brew yesterday. because
they had sufficient Of this stock on hand
to last them until June 80.
Result of Suit Awaited.
Their action after that. It was stated
would depend on the issue of the suit
which they havo instituted in the Fed
| eral court. There was a possibility
would keep on manufacturing as soon
as they learned Of the attitude of the
| rest Of the brewers.
| Should the Department of Justice take
active measures immed lately to stop
the continued production OF this bever-
age prior to the courts decision, the
brewers were prepared to go into court
4 at once with an action seeking an in
Junction. Capt. William NJ. Offley
chief OF the local bureau Of investiga-
| ton of the Department of Justice. said
yesterday that he had as yet received
! no instructions for the gathering of evil
dence, and that the matter OF dealing
with the brewers was In the hands OF the
United States Attorneys office.
| Francis G. Caffey, the United States
| Attorney. would make no statement
about his future course. His taciturn-
ity was dictated by the fact that he has
| been named as codefendant in the
| brewers suits. in which he was accused
| OF threatening to suspend the opera
J lions and impair the value OF property
worth millions OF dollars.
No instructions had been sent APP
parently to the local Internal Revenue
| officials concerning their action In the
| matter. At the office OF Commissioner
| William II. Edwards, Collector Of In
ternal Revenue for the First District, It
WAS said that In the absence of direc-
tons to the contrary his subordinates
would continue to issue revenue stamps,
| which of course would be obtainable
regardless OF the amount Of alcohol In
! the product.