The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-18
COURT DECISION
GIVES NEW HOPE
TO BREWERIES
Judge Hand Calls on Plants
to Show 2 3-4 P. C. Beer Is
Not intoxicating.
THREE POINTS RAISED
Whole Prohibition Programme
May Rest Upon Decision in
q. s. Tribunal.
THREE POINTS RAISED


hol escaped summary execution yes
terday. Judge Augustus Hand in the
Federal district court rtIled that Elihu
Root and his associates for the Hoff-
man brewery in this city may come
into court on Friday and attempt
to prove that their proposed product
is not intoxicating.
Under the terms Of Judge Hands
decision IL they succeed in their con-
tention the manufacture Of this beer
can be continued despite the war time
prohibition act
As the prohibition amendment to the
Constitution deals with Intoxicating
liquors" 1t also follows that II ~ per
cent. beer is decided to be non-intoxi-
eating 1t can also continue to be made
after the constitutional amendment
goes into effect january 20. 1890.
Upon the result Of the decision hangs
the fate OF 1900 breweries, members of
the American Brewers Association.
whose property is worth $1,000, oo0. 900
and who are paying for the expenses
Of the Hoffman litigation. regarding 1t
! as test suit. Judge Hands decision
sets aside all the minor objections on
the part of the Government and clears
the way for a speedy decision of the
case strictly on the intoxicating or
Misunderstanding powers Of the pro-
posed brew and a final decision by the
Supreme Court OF the United States
| upon its merits.
Brewers Claim victory.
| Though they realize the fight for their
| product is not yet over. representatives
OF the brewers declared yesterday that
they had won an important victory, as
| Judge Hand in his opinion knocks out
some OF the arbitrary powers In the en-
forcement OF prohibition claimed by the
Federal administrative and judicial Of
| hcers. He made important decisions on
these three points;
I. The kind Of beer that is pro-
| hibited by the war time prohibition
act Is Intoxicating beer" and not
Attorney-General contended
2. On a proper showing the Dis
trict Attorney, despite his quasi
judicial character. may be enjoined
from constituting and enforcing
statute to the irreparable damage
OF property In manner with which
the court disagrees.
8. II Congress intends that non
intoxicating beverages may be pro-
hlbited as a method of assuring the
enforcement OF tho prohibition
AGAINST intoxicating beverages. It
must say 80 plainly and explicitly
which II has not yet done.
U. 8. Plea Il Denied.
Judge Hand yesterday denied the mo-
| District Attorney. and William c. Fits,
special Assistant Attorney General, ask
ing for the dismissal OF the application
In equity OF the Hoffman breweries for
an injunction to restrain the District At
! torney from prosecuting the company
and the Collector OF Internal Revenue
from seiEing the product II 1t made the
2% per cent. beer. The Federal officials
claimed that the court has no power TO
restrain the District Attorney from the
performance OF his duty and that the
statute provided for the prohibition OF all
beer after July 1.
For the breweries Mr.. Root contended
that the statute prohibits only "intoxi-
| eating beer and that 2% per cent beer
is not Intoxicating. He contended that
were tho District Attorney to be allowed
to proceed with prosecutions and the
Collector with seizures upon an interpre-
tation of the law which might subse-
quently be proved false his clients would
suffer the loss of their business and
would have no remedy in law.
In the decision of the court, yester-
| day, agreeing with Mr.. Roots theory,
there is considered to lie the possibility
that many parts OF the prohibition ma
chirery may be found to be Impractical
In the face of the contention that a
hitherto legitimate business lie to be de-
stroyed, and the further possibility that
the whole prohibition programme may
be tied up IN the courts and delayed on
this theory.
| The portion OF Judge Hands opinion
which brought comment on this possi-
bllity was the following
"It is now we'll settled by the deci-
/ sions of the Supreme Court that a court
I --