The Alaska daily empire., 1919-07-17
Tells About How Difficult It is to Get Tangible Evi- denCe on Which to Base
 Convictions
INTENT OF. THE LAW
Statement Issued by the Attorney General Ex- plains What is Consid-
 cred Violation of Law

District Attorney James A Smi- ser. when asked as to the sale of in toxicating liquors in this vicinity, said that there was unquestionably considerable amount of hootlegging going on as well as the manufactur- ing of intoxicants, but that it is ex- ceedingly hard to get tangible evi- dence in this class of cases
 Undoubtedly many so-called soft drink houses are secretly dealing in illegal concotions,' Judge Smiser said "The greatest amount of viola tions grow out of the sale of hard cider and this class is especially diff ficult to successfully prosecute be- cause cider may be sweet today, and hence not illegal. and in two or three days may be fermcnted and then illegal and it is so easy for violatOrs to escape detection.
 However, this class of violators is continually under surveillance and considerable number of them have UCtIl anu Illtu W lluII AiIO past month there have been quite a number arrested and tried and con siderable amount of liquors have been seized, and where evidence could be obtained, the owners are being pros ecuted.
 "The government construes that any liquor containing as much as one-half of one per cent alcohol is intoxicating"
 A. Mitchell Palmer, Attorney Gen eral issued the following statement:
 After today, it will be unlawful to sell for beverage purposes any dis titled spirits and any beer, wine or other intoxicating malt or vinous liquor, except for export. This pro hibition will continue under the terms of the law until the conclusion of the present war and thereafter until the terminization of demobilization. 7" As long as the law thus remains in force it must be obeyed and I intend that the Department of Justice shall do it's utmost to perform the duty which Congress has placed upon it.
 This law has been held to be con stitutional and valid by the Circuit Court of Appeals sitting in New York It plainly makes unlawful the sale of whiskey, brandy and other distilled spirits and wine. The only contro- versy that has arisen is as to whether the sale of beer containing so little alcohol as not to be in fact intox icating is prohibited. The govern ment's contention has been that the act prohibits the manufacture and sale of beer containing as much as one-half of one per cent of alcohol. but the interpretation of the act is not free from difficulty and I am en- dcavoring to have the question set tied by the courts at the earliest possible moment, My course with re- spect to beer containing less than two and three-quarters per cent of alcohol-which it is claimed is not intoxicating depend upon the rulings which will soon be made by the District Courts in which cases are now pending or in which other cases may be brought. I have no power to grant amnesty to any who may see fit to manufacture or sell beer pending an authoritative judi cial construction of the law and am sure that brewers and dealers generally understand that the pen dency of litigation will be no pro lection against prosecution for Of lenses under the law
 But with respect to whiskey, brandy and other distilled spirits. wine and beer containing more than two and three-quarter per cent alco- hol, and other intoxicating malt or vinous liquors the prohibition is be- yond constoversy and but one course is open to the Department of Justice. All persons found selling such liquors must be arrested and prosecuted. The District Attorney will cause war rants to issue for all offenders as to whom evidence is furnished by the bureau of investigation. the agents OI tHC lltCiudl ltNtuue Ol liit Treasury Department, local officers or others, and the marshals and their deputies will promptly serve such warrants
 With the cooperation of local authorities. it is believed that the law can be made effective. ForI this reason. I call attention to the fact that it is the duty of local ar resting officers to make arrests for offenses committed in their presence. whether the offense be against the laws of the State or the laws of the United States. l confidently expect the hearty cooperation of local authorities, and earnestly request that all police officers be in- structed to arrest persons found selling in violation of the War Pro- hibition Act and to take such persons before a United States Commissioner, when the District Attorney will cause warrants to issue Local officers should report to the United States AfthruayS pyidanca of offonsa m.