The sun., 1919-03-18
BREWERS TO FIGHT
DRY LAW TO FINISH
Continued from First Pooe.

missioner OF Internal Revenue as o
February 6 the following statement Il
Within the intent of the act OF
November Fl, 1918. a beverage con-
tanning one-half OF 1 per cent. or
more of alcohol by volume will be re-
garded as intoxicating
And in the regulation issued as o
March 10 there is the following:
Notice Is hereby given that on
the fourth day Of March, 1919. the
President OF the United States ap-
proved an order of the Secretary OF
the Treasury pertaining to the use OF
materials other than corn of grade
inferior to Federal Grade No. s, in
the manufacture Of non-be verage dis
titled spirits and signed proclama-
ton relative to materials to be used
in the manufacture of malt or cereal
beverages containing less than one
half OF 1 per cent. of alcohol by
volume.
THE effect of the proclamation
referred to above is to restore i'm
mediately to brewers and other manu-
facturers OF cereal beverages contain
ing less than one-half of ! per cent.
OF alcohol by volume tho right TO use
materials of any kind and grade. and
in any quantity, in their manufactur-
ing processes, whether on brewery
premises or at industrial disti.leries
or at vinegar factories. Duly quail
fed brewers may Immediately re-
sumo the manufacture OF cereal bev-
erages OF the alcoholic strength
herein stated, and this applies to
manufacturers who are not brewers
under whose process fermentation is
at all times kept below the limit or
one-half OF l per cent. OF alcohol
by volume. This privilege to brew
ers will continue only until May ].
1919, after which the brewer cannot
under the act OF November n, 1918,
use any materials named In said act
in manufacturing
Comm issioner's Power Denied.
In our opinion the effect OF the Presi
dents proclamation of March I Is no
limited to malt or cereal beverages con
tanning less than one-half of one pc
cent OF alcohol by volume, assuming
such beverage not to be in fact intoxi
and there is nothing in sucl
proclamation or in the proclamation o
January 30 to prevent the resumption
beverages which are not in fact intoXi
eating even though the alcoholic strength
be more than one-half OF one per cent
We know of no legal authority vestet
in the Commissioner OF Internal Reeve
nue. or in any other executive officer L
fix and determine conclusively whs
alcoholic contents or strength shall
Constitute a malt beverage intoxicatin,
within the intent OF the act OF ConRres
of November 81. 1918. The test OF one
half of one per cent of alcohol strength
In the Revenue Acts of 1917 and 1871
is solely for purposes OF taxation.
THE conclusion we have reached
therefore, is that brewers may lawful.
disregard the interpretations placed b.
the Commissioner OF Internal Revenu
uron the act of November 81. 1918. ant
upon the Presidents proclamation above
referred TO in so far as such interpreta
ton would prohibit the manufacture o
malt beverages containing more thar
one-half of one per cent and not TO ex
coed ais per cent OF alcohol by weigh
or 80 per cent by volume.
1T Is proper for you to bear in mint
that in view OF the said regulations O.
the Commissioner of Internal Revenue 4
Is probable that the Government will
and conclusions. and may summarilv at
tempt or threaten to enforce the Com
Interpretation. In such even
we advise that suit in equity b.
brought to enjoin any wrongful inter
ference with your business or arrest o
your employees The Supreme Court o
the United States has clearly decided
that a suit may be thus brought agains
a Federal officer acting or threatening
to act In excess OF his authority o.
under an authority not validity conferred
II seems to us reasonable TO assume tina
II such suit were pending the Govern
ment would not proceed summarily b,
way Of seizure or arrest, but would co
operate TO bring about a speedy deter
by the courts OF the grav,
question involved. You and your as
sociates are certainly entitled TO a da,
in court to assert your rights as advised
by counsel, and an opportunity to hav'
them determined by the judges"