The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1919-11-22

49, LOUIS, MO, NOV. 2l.-Beer oil 2,Io
alcoholic content was declared to be
nonintoxicating, in a decision handed
down today by Judge John c. Pollocl,
Of the United States district court. in
which he granted temporary inlunc.
ton restraining United states District
Attorney Hensey and Internal Revenue
Collector Moore from enforcing the war.
time prohibition act, so far as st. Louis
brewers are concerned.
The decision does not deal with
Whis"'y or any liquors or beverages Of
greater alcoholic content than 9.75 per
cent aud covers only the specific
grounds on which the validity Of the
NV was attacked in the injunction suits
brought BY two brewing associations
#and five Independent breweries which
sought TO establish their right 10 make
and sell 2.75 beer
Judge Pollock did not rule on the con.
sututionality of either the wartime pro.
hihition law or the Nolstead enforce.
ment act.
The plea made by the brewers in the
suits for an injunction was that 2.75
per cent alcohol in beer was not intox
icating and asked that the defendants
be enjoined from enforcing the law as
II affected 2.75 per cent alcoholic
beer.
St Louis, Nov. 21.--Federal Judge
Pollock today granted a temporary
injunction against the district attor.
ney and the internal revenue collector
from enforcing the provisions Of the
Folstead wartime prohibition enforce
ment act, pending further litigation.
In effect, Judge Pollock sanctioned the
lifting Of the lid on beer in st. Louis.
The decision by Judge Pollock grant.
ed temporary restraining order
onjoining United S'taNes District
Attorney Hensley and Collector of In.
iernal Revenue Moore from enforcing
the provisions of the Volstead war
time prohibition act. The district at.
torney is restrained from prosecuting
alleged vioators of the measure, and
the internal revenue collector is en-
Joined from refusing to issue revenue
stamps for beer containing one-half Of
one per cent more alcohol.
The order is made operative at once
Judgs Pollocks decision was in suits
brought by two brewing associations
aud five indepenS at st. Lo'us brew
cries to restrain tue United States dis
trlct attorney and the collector Of in
ternal revenue from enforcing the war
time prohibition act. These suits were
consolidated by agreement, under a
title naming only the Griesedieck Brew
ing Company as the plaintiff.
At the hearing Of arguments, Judge
Pollock made it clear that he desired I
that both sides include in their briefs
only such arguments as had to do with
the constitutionality Of the law BY
his questioning of attorneys he ndlcat-
ed that he wanted to hear arguments
on the question as TO whether the act
OF congress in passing the wartime
prohibition act was an infringement
on the police powers and other rights
Of the state
The judge asked if the state of Mis- f.
souri, had eyer questioned in court the |
right o. congress to pass the wartime
prohibition law When told that no
such action had been taken, he said; |
1T is time for the states to wake
up, or congress may usurp all their |
privileges,
Washington, Nov. 20.-Final argu. |
ment Of the consttutionalty of the war. |
time prohibition act was before the sup. |
RENE court today. No decision from |
the court is expected, however, until it |