New-York tribune., 1919-03-19
Rule Sought to Restrain
u. S. From Interference
With 2.75 P. C. Product
Most Plants to Reopen
Manufacturers Throughout
Nation Are Expected to
Follow Precedent Here


whether beer is Intoxicating and
when-begins to-day. Following the
announcement that New York brewers
Will begin to manufacture beer with
2.75 per cent alcohol at once, the brew.
crs will take the offensive by bringing
injunction proceedings in the Fedora
District Court here to restrain govern
ment officials.
1t was learned last night that the
United States Brewers Association anc
individual brewers in the city who ar
waging this important legal battle will
seek an order restraining the Federal
officials from interfering with their
business. The suit will follow the
lines suggested the day before by
William D. Guthrie and Elihu Root
special counsel for the brewers.
The suit will combat the right of the
Federal government to fix the alco.
holic content of beer arbitrarily at
one-half Of l per cent. The step is
also planned to prevent arrest of any
employees of the brcwcries who engage
in the manufacture and sale of the 2 rs
per cent beer.
Speedy Action Decided On
Such speedy start of the contest
against the "bone dry" act was decided
upon yesterday, after word had been
received unoficially by the brewers
that Daniel C. Roper, Commissioner of
Internal Revenue at Washington had
referred the matter to the Department
OF Justice for summary action, and had
consulted Attorney General Palmer for
an opinion as TO his legal powers.
Other developments in this, the most
important challenge to prohibition
legislation were:
Brewers in other sections of the
country announced they would follow
the lead Of the New York brewers
and resume manufacture of 2.75 beer
Immediately. The Anheuser- Busch
Brewing Association in st. Louis was
one of these, while the Connecticut
Brewers Association announced all
its members in that state would fall
in line.
New York breweries announced
that, almost without exception, they
would begin brewing 275 per cent
beer within a week or ten days, just
as soon as their depleted supply of
malt is replenished.
DR.. Royal S. Copeland, Commits
sioner of Health, and James P. At
kinson, chief chemist of the Bureau
of Foods and Drugs, both confessed
they knew Of no scientific method of
determining when beverage was in
toxicating. Mr.. Atkinson declared
that even "near beer" might have
an intoxicating effect on some per-
sons.
U. S. Asked to Join in Suit
Defendants in the brewery stock
holders suit brought here last week
to test the constitutionality of the
wartime prohibition act, announced
they had invited the cooperation of
the government in the defence. The
test suit, to RESTRAIN the James
Evcrard's breweries from discontinue
ing to manufacture on May I, and
to sell on July /, as required by the
bone dry" clause, was begun by
Joseph L. Everard, a minority stock
holder.
William NJ. X. Olcott, counsel fol
the defence, yesterday notified Uni
ted States District Attorney Caffcy
that his cooperation would "be well
comed," adding:
"Inasmuch as the question is of such
Importance as to call for real adver-
sary litigation. perhaps the Fedora
government may wish you to work with
US in the defence"
M. Olcott's proposal for government
cooperation in the defence will be re
| ferrcd to Attorney General Palmer
according to Earl Barnes, Assistant
! United States Attorney, to whom the
Olcott letter was referred. Should the
government decide TO interest itselt
in the case, Mr.. Barnes said, it would
be without legal right to become as
sociated with the defence, but Nigh,
intervene as "friend of the court"
All Brewers Advised to Open
The United States Brewers Associa
tion, which comprises three fourths o.
the industry throughout the country
yesterday mailed to it's 700 member;
copies of the opinions of Elihu Roo
and William d. Guthrie, advising then
to 90 ahead with the manufacture O.
2.75 beer.
While the association was careful tt
state that no official action had beer
taken on the opinion it was Expected
that many members would decide t.
ignore the government regulation re-
stricting production of "non-intoxicat
ing" malt beverages to those of less
than one-half per cent alcoholic con
| tent.
Officers Of the Brewers Board o.
Trade said the brewers had on hane
considerable stocks of the 2% per cen
product, which has been the nationa
standard since the President at ths
beginning Of 1918 forbade manufac
turc of "strong beer as a food con
servation measure. Although brewing
was wholly prohibited from December
last until President Wilson early
this year lifted the ban as to "nca1
beer" the manufacturers have beer
making the 2M per cent product under
government permission, coupled witt
q requirement that it be reduced Il
the "near beer standard before it wa,
sold or delivered.
Hugh A. Murray, president of tn.
Lion Brewery, said it had enough stool
on hand to supply it's trade for scvera