The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-04-06
'W.HI 3, WHEELER 70
HELP FIGHT BREWERS
Definition OF Beer Not Within. The
Provisions OF War Prohibition Act.

v
Especial to The Richmond Wiz ginian.l
Warrington, April 5--Wayne B
Wheeler, general counsel of the Anti
Saloon League OF America, is to be one
of the representatives OF the New
York league when 1t takes hand II
the effort Of the brewers to test thu
(. yaliaitu at. tJ,esaxp eEgencx, wGr aud. de
mobilization period law passed b,
congress. according fb a-statement is
sued by William III. Anderson, STATE
superintendent OF the AMBASSADOR
League of New York
The statement pointed out that a
this time 1t IL not possible TO say ii
just what manner or at just VIVA
time Mr.. Wheeler will come into thu
case. 1t Is understood, however, tina
counsel for the plaintiffs the brewers
will not oppose an application by MIR
wheeler to file brief as "amicu'
curiae" in either of the suits pending
in New York
An ..micus'' or ''frtend OF the court,
In an attorney who is interested in {
case and who makes application L
present his views to said court, blu
who Is not one OF the counsel II
charge OF either side of the case
MIR. Wheeler, when aeen at Anti
Saloon League headquarters here, sale
that he had not seen the briefs of op
posing counsel and was not advises
further than that all would be per
mitted to file briefs in the case Whel
asked whether the definition OF ALEC
holic drinks MIXED by the interna
revenue bureau, was authorized, Mr.
Wheeler refused to express an opinion
but said:
whether, beer will come under
the war prohibition act does not
necessarily depend upon the
power of tho commissioner of in
ternai revenue to define what Is
beer The war prohibition act
provides that after May ! no
grains, food products, etc. shall
be used in manufacturing beer,
wine or other Intoxicating malt or
viuous liquors for beverage pur-
poses and after June so, 1919,
no beer, wine or other tntoxicat-
ing malt or vinous liquor shall be
sold except for export
This language in other statues,
both federal and state, has been
construed TO mean beer and wine
regardless of Its intoxicating
qualities. When congress said
that no beer, wine or other milt,
or vinous liquors were to be sold
for beverage purposes, IT included
all beers and wines There never
has been a prohibition Law enact
ed that permitted the sale of beer
containing s.s per cent alcohol by
volume.
"An recent prohibition laws
prohibit all alcohol liquors re
CARELESS OF the per cent OF alcohol
in them, or fix the standard at not
more than one~half of per cent,
The supreme court has repeatedly
held that the Legislative depart
mont of the government may. even
prohibit Notwithstanding soft
drinks because they are used NJ
subterfuge for the sale of strong
drinks.
TT ia inconeesvanse that con-
grass would enact a law to save
food and leave II in a provision
that would permit the waste OF
food material by making beer
containing 80 per cent alcohol
by volume. The whole trend OF
legislation and court decisions is
against the contention made by
the brewers of New York. To
construe this law IN permit that
which every prohibition law in
operation prevents would be un-
warranted We do not beheTe
Is that the courts in New York VIII
so eonstrue It, and we are coun-
dent that the courts or last resort
will not construe the law TO per
NIT that which its manifest pur-
poss and language prohibit.