The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-07-01
Attorney General Denies He
Authorizes It's Sale.
Warns Dealers To Go Easy or
Face Prosecution.
COURT DECISION TO DECIDE?
Palmer Was Said To Have
Been Waiting on 1t.
Liquor Interests Up in Air
Over Confusing Statements.

Baltimore. July Judge John c.
Rose. OF the United States district
court this afternoon sustained the de-
murer of the Standard Brewing COM
pany of this city to the indictment by
the United States government in the
manufacture of 2.75 per cent beer
The decision may mean continuation
of the sale OF 2.75 beer. as Attorney
General Palmer stated it would rest on
the Baltimore case.
This decision is on the one-half of
one per cent beer. hut it virtually
means 2.75 per cent beer. as Judge
Rose has put it up to the government
to say what is Intoxicating and what
Is not.
House to Stop Beer Sale?
Washington. July 1.-The house
judiciary committee probably will
meet next Monday to report out
stra Ght bill for enforcement of war
time prohibition so as to stop the sale
OF Ss4 per cent beer.
This plan virtually was agreed upon
today after the leaders had decided TO
defer consideration OF all prohibition
legislation unit, next week. House
leaders snid If the bill were reported
by the committee Monday or tuesday
Il would be passed without extended
debate and sent to the senate. AT
best. they said, 2.75 per cent beer
would bc-on the market less than Two
weeks.
Palmer Denies Lifting Beer Ban
washington. July 1.-"Dealers who
continue to sell beer are in danger OF
arrest and prosecution. Attorney
General Palmer declared today.
EsXnlaining his official statement OF
the course TO be followed by the de-
partment of justice in enforcing, war
time prob b.tion and which left doubt
as TO whether deaiSrs in 2.75 per cent
tbeer would be prosecuted. Palmer
said:
Il have not granted amnesty or
authorized the sale of this beer"
My contention is that beer con-
tanning more than one-half of one per
cent of alcohol is intoxicating" the
attorney general declared. This has
been the ruling of the internal revenue
bureau for years. and we are presum-
ing that is what is meant in the war
time prohibition act as passed by con-
grcss."
Palmer said. however. that it is not
his intention to order wholesale arrests
at present.
"We are endeavoring to get an i'm
mediate authoritative court decision as
, 10 what constitutes Intoxicating beer
in a case being tried today in Balti-
more" he said.
In the meantime district attorneys
have not been authorized to ignore
the sale of beer, nor have they been
instructed to make arrests. My state
Inent of last night is the only instruc-
tions that have gone out.
Awaits Congress Action.
when congress defines what con-
stitutes Intoxicating beer our course
will be clear.
THE first t, st case the department
had in New York was lost 1t was
held by the court that the question of
what constitutes an intoXicant was a
question OF fact in each instance.
1T would mean that IL we arrested
thorfea the country In light
of the present court rulings, that we
would have to make a jury case of
each arrest.
''In the meantime we contend that
the sale OF beer Is in violation of the
w. II court decision is delayed
.br congress is slow in passing enforce
Nment laws. we may find it necessary
to make wholesale arrests thruout the
country"
washington, July 1.-The whole
nation awoke today to a realization
A Z prohibition. The Punishment of the
Il eye opener at the bar. long ago for
L gotten in many parts of the country,
y was all embracing. Only those who
had been provident enough to stock
y up" in advance for the long drouth
or who could find solace in ~ per
cent brew were able to carry out the
I time honoTed custom OF starting the
l day with All early morning "bracer."
l War time prohibition. banning for
I he time being all distlled liquors and
4 leaving in a cloud the future of beer
gas effective at midnight. Exemption
of beer from the list of forbidden
beverages came as a result OF an
n eleventh hour announcement by the
y department or justice that pending
decisions in present litigation to de-
termine whether a brew containing
2% per cent OF alcohol is intoxicat-
. ng. no action could be taken toward
Atopping the sale of beer containing
10 more than that amount of alcohol.
Permit sale of Light Drinks.
Thus. pending court decisions OF
-tion OF congress defining intoxicat-
beverages, sale OF the lighter
inks In states in which there are
regulatory laws will be permitted
lntil January ] s, when constitutional
prohibition becomes effective. other
than this, the only ray of comfort left
for -prohibitionists is the coming
of the time when President Wilson
Will declare demobilization of the
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