Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1919-03-18
DRY LAW WILL
BE DEFIED BY
N. Y. BREWERS
Announce Intention to
Make 24 Per Cent
Beverage.


Beer Brewers Board of Trade OF
New York, representing forty-two
breweries in New York and New
Jersey. has announced that on ad-
vice of counsel its members would
resume at once sale of beer con
tanning ~ per cent alcoholic con-
tent. This was forbidden by a
ruling of the internal revenue de-
partment. which interpreted Presi-
dent Wilson's proclamation effec-
tive Dec. l last.
Upon representation by the board
to Elihu Root and William d. Guth-
rie, counsel to the organization,
that beer of the alcoholic strength
specified was not intoxicating, the
attorneys advised the organization
that the sale of the "a per cent
product would not be contrary to
law.
The opinion held that the inter
nal revenue department had acted
without authority.
Advise Resistance.
Assuming that the government
may summarily attempt or threat
ment's Interpretation, Messrs. Root
and Guthrie advised the brewers.
in this event, that suit in equity
be brought ito enjoin any wrong
full interference with your business
or arrest of your employees"
The internal revenue ruling per-
mitted until May 1 manufacture
of 2A per cent beer, but required
that the product be dealcoholized
to one-half of 1 per cent before
being shipped. AS the brewers
have been making a "a per cent
brew no change in manufacturing
methods Will be necessary to carry
out the plan.
VIII Test Dry Laws.
Announcement of the brewers
intention to ignore the governmsn
definition of nonintoxicants was
made following upanimaJs adop-
tion by their board of trade Ui a
resolution advocating legal action
to test validity of the presidential
proclamatiens and internal reve-
nue. rulings based on the food con-
servation laws of Aug 10, 1917,
and Nov. q, 1917.
The latter act, providing for
wartime prohibition, already has
been challenged as to it's constitu-
tionality in a stockholders suit
filed here in the federal court
Messrs. Root and Guthrie based
their opinion, it was stated. upon
an assurance by their clients that
malt liquors which contain not to
exceed 2.75 per cent of alcohol by
weight or 3.3 per cent by volume
are not Intoxicating" and that this
could be established by the evi-
dence of experts and other compe-
tent Witnesses
The lawyers declared that there
is no provision in the acts of con-
gress which authorizes any execu-
tive officer of the government to
determine what malt liquors are
Claim Beer Exempt.
They added the opinion that the
proClamations of the president
dated Jan. 80 and March 4, 1918.
the use of grain and
other food products in the prOduc-
tion of malt liquors which are not
and that the act of
Nov. u, 1917. containing the war
time prohibition clause, does not
apply to Misunderstanding beers"
In reference to the suggested in
junction against government in
reference with the brewers an
nounCed plan of action, their cOun-
sci advised that "the supreme court
of the United States has clearly
decided that a suit may be thus
brought against a federal officer
acting or threatening to act in ex-
cess of his authority or under an
not validly conferred
Finds Laws Complicated.
Washington, March 1S-Whether
the internal revenue bureau has
to enforce its rule against
the sale of beer containing one-half
Of l per cent or more of alcohol,
will be put up to the department Of
Justice. Internal Revenue Com
missioner Roper today decided to
ask for an opinion on the subject.
The question was raised by an
of New York brewers
that they would resume manufac-
ture and sale of beer containing
not more than pa per cent alcohol,
this Notwithstanding
Commissioner Roper discussed
he subject today with deputies of
he bureau in charge of enforcing
liquor laws, but found the various
avs and food administration regu-
ations were so complicated that a
egal opinion would be necessary
before he could decide whether to
the bureaus ruling. This
ruling promulgated recently per
nitted the manufacture of beer |
not more than "a per
cent alcohol but provided that be-
ore sale the alcoholic contest must |
,e reduced to not more than one /!
lalf of l per cent.
viii Decide On Course.
AS soon as the solicitor of the /
revenue bureau and the department /
IF justice have rendered opinions. |
Roper will decide |
what course to pursue. If 1t is de- |
ermined to enforce the I5 per cent
'ule revenue officers will be /
,harged with forbidding the ship /
nent OF beer containing more al !
;ohol from breWeries.