New-York tribune., 1919-03-18
2.75Pct. Beer
Will Be Made
Despite Rule
Brewers at Meeting Take
Roots Advice and Agree
to Resume Manufacture

The Lager Beer Brewers Board of
Trade Of New York, representing about
forty-two breweries of New York and
vicinity, announced yesterday that its
members would resume at once the
manufacture and sale of beer contain
ing maximum of 2.75 per cent alco-
hoic content.
The announcement was made on the
advice of Elihu Root and William D.
Guthrie, counsel for the board, after
the brewers had made representations
to the attorneys that beer containing no
more than 2.75 per cent of alcohol by
weight or 33 per cent by volume is
not intoxicating,
The action of the brewers is tanta-
mount to challenge of Commissioner
of Internal Revenue Ropcr's interpre-
tation of President Wilson's procla-
nation effective December last. The
Commissioner ruled that beer contain
ing more than one-half Of l per cent
Of alcohol is an Intoxicating beverage,
and further stated tina. the act of
November 81. 1918, forbidding the use
of certain cereals in the brewing of
intoxicating beverages would close the
privilege to all brewers on May l
whose beer contains more than the
Commissioners stipulated amount of
alcohol.
Standards Without Authority
The brewers were advised in an
opinion from counsel that the Internal
Revenue Bureau acted without author
ity in prescribing fixed standards for
determining the degree Of intoxicating
contents for malt beverages, and fur
ther advised the brewers that a suit
or suits in equity be brought if the
government should attempt to en-
force the revenue bureaus decision.
The board acted ON the opinion in
formal resolution, adopted unanimous
ly. 1t approved the institution Of test
suits and recommended all members
who should be threatened with arrest
for violation of the law to communi-
cate Immediately with the president of
the board.
Under the provisions Of the food
conservation law, which went into cf
feet December 1, the brewers have been
making 2.75 per cent beer, but were
required by the Internal Revenue Bu-
reau to de-alcoholize it to one-half of
l per cent before being shipped for
sale from the brcweries. The brewers
declare that no change in the manu-
featuring methods will be necessary to
carry out their plans, and that if their
standard of alcoholic content for a
non-intoxicant is sustained in test
suits, the 2.75 per cent beer will be
made indefinitely, and will not be pro-
hlblted by the prohibition amendment.
Root-Guthrie Opinion
The opinion was addressed to Chris
tian w. Feigenspan, president of the
United States Brewers Association
and member of the board. 1t was
signed by Messrs. Root and Guthrie.
They said in part:
''You instruct US that we NAV as
sumo, as matter of fact, that malt
liquors which contain not to exceed
2.75 per cent of alcohol by weight, or
3.3 pei. cent by volume, are not in
toxlcatlng, and that this can be estab-
lished by the evidence of experts and
other competent witnesses
I'VE are of opinion that the procla-
nations Of the President dated January
30 and March d, 1919, authorize the
use OF grain and other food products
in the production of malt liquors
which are not in fact intoxicating, and
that the act of November 81, 1918, does
not apply to Misunderstanding beers.
"ln our opinion, the effect of the
Presidents proclamation of March 4 is
not limited to malt,or cereal beverages
containing less than one half of / per
cent OF alcohol by volume. assuming
such beverage not to be in fact intoxi,
eating; and there is nothing in such
Continual "a, ,,nn1a aeeL4