The Hartford republican. (Hartford, Ky.) 18??-1926, 1919-07-04
BREWERS score
FIRST VICTORY
Federal Judge Decides Ad-
versely To 'Drys" In
Baltimore


Rose, in the United States District
Court, sustained demurrer of the
Standard Brewery Company to the
Federal indictment charging the
ynwery with violation OF the food
observation act through making beer
>containing more than one-half Of
per cent of alcohol, may prove to be
only Temporary.
No time will be lost by the Depart
ment of Justice in taking an appeal
from Judge Roses decision to the
Supreme Court OF the United States,
but, as the latter tribunal is now in
its sumner recess and will not meet
until October, there is no chance Of
final decision as to 2.75 per cent
beer being given by the highest court
In the country for some months.
The first result of the decision of
Judge Rose, which practically estab-
lished the legality of 2.75 per cent
beer, so far as Jurisdiction of the
Federal District Court in Baltimore
is concerned, will be enactment of
LEGISLATION by Congress defining in
toxicating" liquors and providing for
enforcement of wartime prohibition
which went into effect to-day.
"Dry" leaders In Congress an
nounced to-day that they will try to
have Title l.. of the Wartime and Ma
tional Prohibition Enforcement Bill.
as reported yesterday to the House by
the Judiciary Committee, enacted in
- legislation immediately after the
NOUS meets following the Fourth
OF July recess. This bill, which will
become better known rs the Volstead
Bill, provides that:
- THE words beer, wine or 9TH
mr. intoxicating malt or vinous
liquors in the wartime prohibi-
tion act shall be construed to
mean any liquors which contain
not more than one-half OF l per
cent OF alcohol by volume"
Meanwhile It is not the purpose of
Attorney General Palmer to be gov
erned by the decision of Judge
Rose except in the Baltimore district.
Test eases will be initiated by the De-
partment of Justice In all jurisdic-
lions. where such cases are mot
now pending on the sale of beverages
containing more than one-half of l
per cent of alcohol.
When 1t was learned at the depart
ment late this afternoon that the case
OF the Standard Brewing Company
had been decided by Judge Rose IL
was unofficially stated that the de-
partment would take no action in
Judge Roses jurisdiction.
Test Cases To BE Brought.
sfsTest cases on the sale of beverages
Ahtaining more than one-half OF
per cent of alcohol" said the an
nouncement made by Attorney Gen
eral Palmer to-day will be brought
Immediately by the department OF
2ptice in jurisdictions where such
AcBes are now pending.
eve propose to make arrests OF
persons who violate the wartime pre-
hibition law, according to or inter
pretation thereof. The department
does not intend, however, to be swept
on its feet the first day that prohi-
bition comes into effect. We will
proceed in an orderly fashion to es-
tablish whether intoxicating bever-
ages Prescribed by the law include
those having less than 2.75 per cent
alcohol
"All persons violating the law may
expect early and vigorous proseeu'
ton. While there remains ques-
tion as to whether as per cent beer
IS Intoxicating the Department OF Jus
tice will not attempt wholesale ar
rests. but ii a decision in the pending
case IN Baltimore is favorable to the
4 Government, prosecutions will result
uromptly in all cases in which evil
dence has been obtained by the Blu
reau OF Investigation or submitted by
other agencies"
Prohibitionists in Congress are de-
termined that the reprieve granted
the Baltimore district by Judge roses
daejsion shall not be long. They are
Il lining at the very outset that 2'To
per cent beer will be on the market
for only two weeks.