Arizona republican., 1919-07-01
ATTORNEY GENERAL
 STATES ATTITUDE

WASHINGTON, June 30.-The de- partment of justice will take no action, pending decision in present litigation against persons manufacturing or sell ing beer and wines containing 2S4 per cent or less alcoholic content. This an- nouncement was made tonight by At torney General Palmer.
 The attorney generals statement said:
 After today, it will be unlawful to sell for beverage purposes any distilled spirit and any beer, wine or other in toxicating malt or vinous liquor, ex- cept for export. This prohibition will continue under the terms of the law until conclusion of the present war and thereafter until the termination of rehabilitation AS long as the law thus remains in force, it must be obeyed, and I intend that the depart ment of justice shall do it's utmost to perform the duty which the congress has placed upon it.
 Intoxication Puzzles
 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 whisky. brandy and other distilled spirits and wine. The only controversy that has arisen is as to whether the sale of beer containing so little alcohol as not to be, in fact, intoxicating, is prohibited. The governments conten- ton has been that the act prohibits the manufacture and sale of beer contain ing 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 endeayoring to have the question settled by the courts at the earliest possible moment. My course with respect to beer containing less than 2A per cent of alcUhol-which it is claimed is not intoxicating-will de- pend upon the ruling which will be soon made by the district court, in which cases are now pending or in which other cases may be brought. have no power to grant amnesty to any who may see fit to manufacture or sell beer pending an authoritative judicial construction of the law, and l am sure that brewers and dealers generally un- derstand that the pendency of litiga- tion will be no protection against prosecution for offenses under the law.
 Distilled Goods Barred
 But, with respect to whisky, brandy anu OlhCi oicthlcu SpllllSs WlIle ana beer containing more than 2% per cent of alcohol, and other intoxicating malt or vinous liquors, the prohibition is beyong controversy and but one course is open to the department of justice. All persons found selling such liquors must be arrested and prosecuted. The district attorneys will cause warrants to be issued for all offenders as to whom evidence is furnished by the bureau of investigation, the agents of the internal revenue bureau of the treasury department, local officers or others, the marshals and their deputies will promptly serve such warrants. With the co operation of local au- thorities, it is believed the law can be made effective. For this reason I call attention to the fact that it is the duty of local arresting officers to make ar rests for offenses committed in their presence whether the offense be against the laws of the state or the laws of the United States. I confidently expect the hearty cooperation of local municipal authorities and earnestly request that all police officers be instructed to ar- rest persons found selling in violation such persons before a United States commissioner, when the district at- torney will cause warrants to issue Local officers also should report tc the United States attorneys offices evidence if committed in their pres- | ence.''