The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-13

containing AIS per cent. alcohol was not
IN fact intoxicating, Mr., Untermyer sub
mitted a mass OF affidavits, reports on
scientific experiments and similar data,
much of which was used In behalf of
the brewers in the recent 2.75 per cent
beer cases in the New York courts.
My quarrel" Mr. Untermyer said, us
with your attempt to convert anything
you please into intoxicating liquor. The
war time prohibition act applies only to
intoxicating beer, and 2.75 per cent beer
can be shown clearly not to be intoxicat-
ing, An extension OF that act under the
guise of an enforcement measure Is not
within the power OF Congress-"
Similarly, he said, the dry amendment
limited Congress to prevention OF the
manufacture or sale Of intoxicating bev-
erages.
Denies Congress- Power.
Senator Sterling Is. d., chairman Of
the committee, asked II Congress had no
authority to prohibit the manufacture or
sale Of even liquids containing no alco-
hol whatever, but such as might reason
ably be employed to cover evasion OF the
lrws against intoxicating beverages. The
witness asserted that such power did
not exist, and any attempt by Congress
DO an invasion of the rights OF citizens
engaged In the manufacture of such law
full, Notwithstanding beverages as might
fall within the classification thus made
Then Congress Is powerless to en-
force Its own laws or the Constitution,
said Senator Overman IN. Co
1T is powerless to forbid the manu-
facture of anything that is not In fact
intoxicating. the witness said.
Mr.. Untermyer estimated the amount
of 2,75 beer now held by the 1900 trew-
res
The witness said he had been instru-
mental in bringing British capital to the
United States to invest in the bre ing
industry. About $40, 900 900 of this Brit
ish money was now so invested. he said,
and he spoke for this as we'll as for the
general brewing industry.
Hopes to Close Saloons.
IT have looked with unfeigned dis
gust" Mr.. Untermyer said, upon the
movement TO eliminate the saloon. but
this act for enforcement of war time
prohibition will not eliminate It." He
added that the terms CT the act were
''inslncere'' and the measure itself
vicious as class legislation
man with money from stocking up his
cellar for years to come, but 1t does
prevent the poor man from getting the
drink heretofore considered as food"
DO you contend that 2.75 per cent.
beer is not intoxicating" asked Chair
man Sterling.
Yes" the witness said. And IL an
opportunity is given to me / will prove
it"
You will endanger, IL not defeat. the
constitutional amendment" said Mr..
Untermyer. III you fix the limit at one
half of one per cent. alcohol Such q
provision would circumvent and destroy
its validity"
Oue-half of / per cent alcohol, Mr.
Cntermyer declared. IS less than that
generated from an ordinary meal without
liquids.
Relterating that he did not believe
Congress had the right to define alcoholic
myer said the act would be a vicious
precedent"
If you can define II at one-half OF !
per cent. another Congress could fix II
at 10 or 20 per cent" he added.
Mr.. Untermyer said that with peace
signed. the military forces being demo
bilized. trading with the enemy reopened
and other peace cond tons restored the
war time law was false pretence"
II don't believe any court will permit
the farce" he added. II am not at a.
/ fearful OF what will happen TO this wal
time law In the courts IL Congress put;
this extens on bill on the statutes