Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-07-01
Department of Justice VIII
Take No Action Pending De-.
cision in Present Litigation
Says Attorney General.
INTERPRETATION OF ACT
MAY PROVE DIFFICULT
With Respect to Whisky,
Brandy and Other Alcoholic
Beverages, Manufacturers
Are to Be Arrested.

Washington, June 30.-The De-
partment of Justice will take no ac-
ton, pending decision in present lit,
igation, against persons manutac'
turing or selling beer and wines con-
tanning 2M per cent or less alcoholic
content. This announcement was
made by Attorney General Palmer.
The statement said:
After today it will be unlawful to
sell for beverage purposes any dis.
titled spirits and any beer, wine OF
other Intoxicating malt or vinous
liquor except for export. This pro-
hibition will continue under the
terms of the law until the conclu-
sion of the present war, and there
after until the termination of demo
bilization. AS long as the law thus /
remains in force it must be obeyed
and intend that the Department oil
Justice shall do its utmost to per-
form the duty which congress has
placed upon it.
Whisky Sale Unlawful.
"This law has been held to be con-
stitutional and valid by the circuit
court of appeals sitting in New
York. 1t plainly makes unlawful
the sale of whisky, 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 as
not to be in fact Intoxicating is pro-
hibited. The governments conten-
ton has been that the act prohibits
the manufacture and sale of beer
containing as much as one-half of /
per cent of alcohol, but the interpre-
tation of the act is not free from
difficulty. and | am endeavoring to
have the question settled by the
courts at the earliest possible mo-
ment
My course with respect to beer
containing less than 2 "a per cent
of alcohol-which it is claimed is
not intoxicating-will depend upon
the ruling which will soon be made
by the district courts in which cases
are now pending or in which other
cases may be brought. | have no
power to grant amnesty to anyone
who may see fit to manufacture or
sell beer, pending an authoritative
judicial construction of the law and
| am sure that brewers and dealers
generally understand that the PEN
dency of litigation will be no pro-
lection against prosecution for of
fenses under the law.
To Arrest Lawbreakers.
But with respect to whisky
brandy and other distilled spirits,
wine and beer containing more than
23-4 per cent of alcohol and other
intoxicants, the prohibition is be-
yond controversy and but ore
course is open to the Department.
of Justice. All persons found seii-A
ing such liquors must be arrested
and prosecuted. The district atior-
rleys will cause warrants to be is
sued for all offenders as to whom
evidence is furnished blythe bureau
of investigation, the agents of the
internal revenue bureau of the
Treasury department, local officers
or others, and the marshals and
their deputies will promptly serve
such warrants.
with the cooperation of local
authorities, it is thought that the
law can be made effective. For this
reason | call attention to the fact
that it is the duty of local arresting
officers to make an arrest for
offenses committed in their pres
ence whether the offense be against
the laws of the state or the laws of
the United States. l confidentialy
expect the hearty cooperation OF
local municipal authorities and
earnestly request that all police
officers be instructed to arrest per-
sons found selling in violation of
the war prohibition act and to take
such persons before a United States
commissioner, when the district at
torney will cause warrants to issue.
Local officers should also report to
the United States attorneys evi.
dence of offenses not committed ia
their presence"