The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-21
BREWERS NOT SURE
ON BEER SUIT NOW
Adverse Ruling Would Ham.
per Later Fight on Bone
Dry Ban.
NOT TO STOP, HOWEVER
II Congress Permits Sales,
Hoffman's Will Be Legis-
lated Out of Court.

With the possibility that Congress
may heed the voice of President Will
son and repeal the food conservation act
OF last November "in so far as II applies
10 wines and beer" the brewers OF this
country are uncertain whether they de-
sire ruling on the question Of whether
beer is an intoxicant.
They we're delighted last Saturday
when Judge Augustus N. Hand OF the
United States District Court, passing up
On the issue OF whether the Jacob Hon.
nan Brewing Company could enjoin the
United States Attorney from prosecuting
It for manufacturing 2.75 beer and
could enjoin a collector OF internal reve-
nue. from refusing to sell 1t stamps,
ruled that the question OF whether 2.75
beer was an intoxlcant or not was a
question of fact which could be deter
mined only after due presentation Of
evidence and that he would hear the
evidence next Friday.
The brewers felt then that permission
to come in at all and thresh the ques-
ton out was an important victory for
Thorn. Now they fear that II the court
barrier between them and any measure
they may decide to take later on toward
escaping the language OF the Constitu-
t;onal Amendment which will make the
country bone dry in 1920. In other
words they do not wish to fire their am
munition before they have to.
Alternative Would Help Them.
On the other hand should the Federal
court for this district decide, before Con-
gress takes up the food conservation
bill, that the kind of beer they make is
rot intoxicating they consider that they
will be in a position to face the Consti-
tuition without alarm and that they may
go on brewing their present manner Of
beer for ever and ever
At the offices of Root, Clark. Buckner
4 Rowland, attorneys for the brewing
association. 1t was explained yesterday
that should Congress change the food
law SO as to permit the manufacture
and sale Of wines and beer before the
Hoffman proceeding Is decided Congress
thus will legislate the Hoffmans out of
court. they having brought their pro-
ceedng purely as against the provisions
OF the food law.
But quite regardless of Congress the
Hoffman case Is to be pushed with
energy and 1t was stated yesterday that
there will be no request for an adjourn
ment when the case Is called Friday.
Judge Hand ruled that the language
Of the food conservation act in regard
to beer is open to Interpretation. since
the word other occurring Just before
the word Intoxicating in the statute
is a qualifying word The language of
the constitutional amendment is much
simpler. II says simply "the manufac-
ture, sale or transportation of intoxi-
eating liquor" 1t Is felt by every one
Interested, laymen and lawyers, that
should the court here determine that
?1j per cent. beer Is not intoxicating
the amendment to the Constitution may
be faced with a calm spirit.
Like the brewers, the various associa-
tons and interests opposed to prohibit
ton read the Presidents thoughts on
wine and beer with pleasure. but without
extreme Joy. The day. however. was
spoiled entirely for William H. Ander-
son. superintendent OF the Anti-Saloon
League Of New York. Having read and
reread the Presidential language until
he had 1t by heart, he wrote and rewrote
statement until the wording was to
his finished satisfaction, when \he had
It manifolded and issued to the four
winds. Here It is:
We are not much surprised. After
the return of Samuel Gompers, who has
used his influence to deceive the Presi-
Gent in behalf OF the brewers, the vets
were unable to keep from telling that
some assurance had been given.
Would Protect Soldiers.
we are told by the Government that
food Is still necessary to feed the world.
Further, the soldiers who were protected
IN American camps and in Europe as no
other great army In the history OF the
world has been protected. certainly are
entitled 10 the protection OF their own
government at home during those rest
iess weeks and months while they are
icing assimilated back into civil life.
The President signed this bill to be
Elective until rehabilitation is Ncom-
peted II It is complete he does not need
any help from Congress TO open the sa-
cons This looks like an attempt to pass
ne buck to the Republican marty and use