Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1919-03-18

New York. March 1.-THE Lager
Beer Brewers Board of Trade of New
York. representing forty-two brewing
concerns in New York and New Jer-
soy, announced today THAI on advice
~ counsel its members would resume
AZ once sale OF beer containing "a per
cent. alcoholic content. This was for
hidden by a ruling OF the internal reve-
nue department which interpreted
President Wilson's proclamation ci-
fcciive Dec. l last.
Upon a representation by the board
10 Eihu Root ard William ID. Guthrie,
counsel for the organization. that beer
81 The alcoholic strength spcciiicd was
not intoxicating the attorneys advised
the organization today that sale OF the
%, per cent. product would not be
contrary 10 law.
The opinion held that the internal
revenue department had acted without
authority IN decreeing that sale OF beer
containing more than one half of / per
cent OF alcohol was contrary 10 the
presidents proclama ton forbidding the
use Of toodstuffs in brewed products
except those which were non-intoxi-
eating
The brewers action. auticinating en-
forcement May ! next OF the regulation
limiting use Of cereals to mon intoxi-
canfs" containing one-half per cont. Of
alcohol. "-as taken under the internal
revenue rule permitting. until that
date. manufacture Of "a per cent. beer
hut requiring that tho product be de-
ulcohoiized 10 one-half per cent. be-
fore being shipped for sale from the
i-eweries As the brewers have Teen
making q -. per cent breN since Jan.
so when the president issued a urocla-
nation permitting ths production of
near beer" no change III marufactur-
ing methods will ne necessary, II was
stated. 10 carry out the plan decided
uron. af
Assuming that the government may
summarily attempt or threaten 10 en-
force the revenue departments inter
probation. Messrs. Root and Gu;arie
ADVISED the brewers. in this event. than
sgit In enuity ne Brought 20 enjo!n
any wrongful Interference with Your
business or arrest of your employees"
Announcement OF the brewers ipteD<
tion TO ignore the government detri-
ton OF non -intoxicants was made fol-
lowing unanimous adoption by their
hoard OF trade OF n resolution advocat-
Ing legal action 10 test validity Of the
presidential proclams ttons and internal
rsrenue rulings based on the food con-
s-f7-ation laws or Au,. 10. 1917. ard
Nov. el. 1913. The latter act, provid-
ing for war time prohibition. already
has been challenged rs 10 its Cni:sti u
flouality in n stockholders' suit Sled
here IN the federal court.
The board also recommended that its
members proceed according TO the
l.Oot-Guthrie opinion. md tha: in case
OF proceedings or threatened proceed
inEs against any Of ahem liy the com.
missioner Of internal revenu'. the de
PENDANTS at once communicate Will
the board so that there may be har-
monv and consistency on III. corduc
uf legal proceedings 20 protect tn,
-ighis Of the brewers"
The opinion was addressed % Chris
iiau ". Feigenspan of Newark. prcsi
dent of the United States Brewers as
sociat.ou. with which the New Gorl
l"ard is associated.
Mcssrs Root and Guthrie base,
their opinior. IL was stat ID. upon al
assurance by their clients that nal
liquorr which contain not to excee,
"a per cent. of alcohol by weight, o
80 per cent. by volume, ara not in
ioxioatinE and that this could b.
established by the evidence Of expert
and other competent witnesses"
The lawyers declared that there i
30 provision in the acts of coarres
which authorizes any executive Office
Of the government TO determine wha
male liquors are in fact irtoxlcathe
or 10 prescribe any fixed test or s,an
dard for determining wheh malt bever
ages shall be deemed Intoxicating.
They added the opinion that tn
proclamation OF the president date
Jan. 30, and March 4. 1912 authoriz
ihe use Of grain and other food prod
ucts IN tho production Of malt huuor
which are not IN fact intoxicating, an
that the act OF Nov. 81, 1913 (coutain
ing tho war time prohibition clause
does not apply 10 nom intoxicatin
beers.
In prc-var days. according to Fl
GERS Of the Brewers Board OF Trad
beer contained, on the average, 3is pc
cent alcoholic content. The 2% pc
cent. STANDARD was established undt
tho fooG conservation law of 1911 h
President Wilson, who decreed tn;
after Jan. ]. 1919. no malt liquor. e.
ccpt zie and porter. should be mani
factGred with a greater percentage
afrnuO1