New-York tribune., 1919-07-01

70 90 TO the front 20 demand separa-
tion OF the enforcement measures so as
to get through at once bill that would
stop the sale of al beer containing
more than one-hnIt Of per cent Of
alcohol.
refused to abandon plans for a recess,
beginning probably -. morrow. in order
to put the bill through rs an emergency
measure. and the whole question OF
prohibition VIII be held up until next
Monday at the earliest There were
indications Tonight that a hard fight
would be mado in behalf Of an amend
m,ent to be "Nesed by Representative
lgoe, Democrat. OF Missouri. which
would permit the President to set aside
the wartime act in so fay as it relates
% light wines and beers.
2.75 Beer Condemned
While the Attorney Generals staff
vas wrestling with thee question Of
Intoxicating and Intoxicating beer,
the Judiciary Committee sent to the
House its report in whick the bold
assertion was made that anything over
half of l per cent alcohol was in
toNlcating within the purview of Che
general law, and that Congress, and not
the court, should fix the alcoholic
percentage of all beverages. sale of
which IS restricted by prohibit .on stat
utes
Attorney General Palmer. in his
statement as to the policy Of the de-
partment, called attention to the fact
that the authorities in every city and
state had been requested TO give the
utmost cooperation IN the matter of
enforcing all undisputcd provisions of
the wartime law. The temporary re-
tusal not to proceed against those sell
ing pa per cent beer although evi-
denco against them will be obtained
with view to their prosecution in the
event the court decides against the
brewers does not mean that persons
Offering it for sale in territory here
tofore dry will be exempt from arrest
and prosecution. The Attorney Gen
erals statement said:
After today it VIII be unlawful 10
sell for beverage purposes any dis
titled spirit and any beer, wine or
other Intoxicating malt or vinous
liquor. except for export. This pro
hibition will continue under the ter.ns
of the law until the conclusion OF the
present var and thereafter until the
termination OF demobili1ation.' AS
long as the law thus remains in force
it must be obeyed. and | intend that
Is utmost TO perform the duty which
the Congress has placed upon it.
This law has been held 10 be CON
stitutional and valid by the Circuit
Court of Appeals sitting IN New York
i plainly makes unlawful the sale of
whiskey, brandy and other distilled
spirits and wine The only controversy
that has arisen is as to whether the
sale of beer containing so little alcohol
rs not 10 be in fact intoxicating IS pro-
hibited.
Not Free from Difficulty
"The governments contention has
fss been that the act prohibits the
manufacture and sale OF beer contain
ing as much as cne-half of PEI cent
of alcohol. but the Interpretation of
the act IS not free from difficulty, and
| am cndeavorlng to have the question
settled by the courts at the earliest
possible moment.
My course with respect 20 beer con
tanning less than pa per cent Of alco-
hol-which IL IS claimed is not in.oxi-
eating g-will depend upon the ruling
which VIII soon be made by the dis
'rict courts. in which cases are now
pending or in which other eases may
be brought. have no power to grant
amnesty tc any who may see fit 20 man
ufacture or sell beer pending IN au-
thoritative judicial construction Of the
law. and | am sure that brewers and
dealers generally understand that the
pendency of litigation VIII be no pro-
lection against prosecution for offences
under the law.
But with respect 70 whiskey. brandy
and other distilled spirits, VINE and
beer containing more than -. per cent
OF alcohol and other Intoxicating malt
or vnous liquors. the prohibition is
beyond controversy and but one course
Is open to the Department of Justice.
"All persons found selling such