Evening journal., 1919-05-01
BEER BREWING
ENDS At MIDNIGHT
Department of Justic e
Agents to Obtain Evidence
of Violations
NEW YORK IGNORES
THE FEDERAL LAW

WASHINGTON. d. C.. May Agents
Of the Department Of Justice have been
instructed to obtain evidence showing
what brewers continue 70 manufacture
beer after midnight last night when
prohibition OF the use Of foods in man
ufaciure OF beer. wine or other intoxi-
eating liquors became effective
This evidence may or may not be
used In prosecution OF brewers, de-
pending largely on what the Federal
Court in New York decides in The beer
case now pending there. Whether pro-
duction Of sear-bear after midnight is
prohibited the Department Of Justice
has not ruled.
Manufacturers OF wine or beer who
continue 10 operate after May 4 Will
do so at their own risk, although the
department has not Indicated sny in
tention OF causing immediate arrests.
The act Of November n, 1918, con
sidered by the Department Of Justice
purely as q food conservation measure,
provides that after May T.. 1919. until
the conclusion Of the present war aud
thereafter until int termination Of de-
mobilization the date Of which shall
be determined and proclaimed by the
President Of the United states, no
grains, cereals fruit or other food
products shall be used in the manufac-
ture or production Of beer, wine or oih- |
cr intoxicating malt or yinous liquor I
for beverage purposes"
II so-called "near-becr.n is 10 be CON |
sidered beer because OF the similarity |
in name or manufacturing process. It's /
production will be prohibited after /
tonight. II 70 is 10 be consld- /
cred merely a malt liquor The profibl- |
iiou Will depend on whether it Is in
loXicailng. Determination OF this ques-
tlon has not been undertaken by the
Department OF Justice and no action
10 seek a court Interpretation is con
Iemplated at this time by the depart
ment
This apparently leaves the Initiative
IN The determination of this question 90
Of 'near-becr." II was
emphasized auihOritatively today that
pending a decision OF the Federal Dis
rict Court at New York in the case
lrought by brewers 10 test the legal
ty OF production OF beer containing 2&
per cent. alcohol. any person manufac-
uring wine or beer viii do so at his
lwn risk and without any understand
ng with the Department Of Justice
The department has given no statement
IS TO whether II will cause arrests 90
'e made at once or await The decision
II the Federal Court
The evidence 90 be gathered by de-
agents VIII be available IN
upport of prosecutions at once or
.fter a decision Of the pending suit In
Jew York.
,ew Workers VIII Continue.
NEW YORK. May i.-Brewers Of the
Jew York district. as a matter OF con-
istency with their legal fight 10 have
eer Of 2A per cent. alcohol content
cclarcd notwithstanding, continued /
that commodity
AT headquarters of the Lager Beer ,
rewers Board OF Trade and the offices
William ID. Guthrie, Of counsel for
he national brewing interests, II was ,
aid that manufacture Of beer In this /
actiOn relied on a court decision de-
.aring the emergency prohibition act
or at least ruling that /,
did not apply to "non-intoxicating I
eer." 20 permit uninterrupted opera =
on OF their plants.
The brewers expressed no surprise
YER the government announcement
nat Department of Justice agents A.,
ould obtain evidence showing what
lncerns continued 10 produce beer. =
Iaiming that the pa per cent. brew =
as Notwithstanding. they said, they =
ould continue operations under the
isurance of Federal attorneys i'm the O.
,urse OF the beer litigation here last ].
eek that the government would take e
D steps 90 stop brewing pending d,
ldge Hands decision Interpreting the !,
'Ohibition measure
A second suit against the Federal -
ithorties on behalf of the countrys ),
'ewing interests. intended 10 guard :,
ainst possible government interfer- =
zee with the bottllng Of beer. was be- -
m here today by the Jacob Rupert
'ewing Company.