New Britain herald., 1919-07-24

knd other varieties or nome made or harmless drinks which are not the product of malt.
 Statute Limits the Effect.
 "The statute expressly limits the effect of this portion of the law to Hproducts of malt and of vinous fer &nentation. This of itself initiates kgainst the idea that the sole purpose 2bf the statute was to conserve food &and indicates that a part of the pur- pose was to accomplish prohibition With the incidental beneficial result upon the health of the nation and the increase in orderly behavior which 3the advocates of prohibition believe will follow restriction of the liquor traffic and the prohibition of alco- lholic beverages.
 Congress Wants Ban On. Tt is apparent that the intent of congress was to prohibit the sale of 4those malt products which were com monly known as beer, and which were j also commonly supposed to be intoXi- eating, which had always been classi- 1 hed as an intoxicating liquor and which because of their alcoholic con- tent had some effect on the prOduc- i lion and man power of the nation i while at the same time using in their manufa acture some of the food pro- ducts of the nation which were needed for the purposes of the war and for 1 the purposes of restoring conditions at the termination of hostilities so far as congress had power to regulate conditions after the war as a part of its military operation and conduct. Tt is evident that if congress by making a trem mendOus drain upon the resources of the country for inn mediate war purposes should thereby I make it necessary to regulate the use of material immediately thereafter in order to bring matters back to a normal base, the laws by which such restoration would be had can properly be made part of the military meas ures which must be adopted in order to carry on the war and are therefore Justified under the powers of the United States in Waging war, as has been decided in the case of the United States against Winery in this district in an opinion filed upon this day" 'Congress had it in mind" the opinion asserts Ito say beer or any other product of malt of an intoXicat- ing nature"
 Beer Was to Be Included.
 The thought was expressed in the selectiVe service law, which says no intoxicating liquor including beer, ale or wine But either statement would suggest that congress classified, and Intended to classify, beer IS intoXicat- ing and merely made sure that it was covered by the law in case dispute arose. The law surely included beer and showed that congress understo cd it to be intoxica ting.
 After quoting several recent decis- ions in cases brought to test the validity of the wartime prohibition act, the opinion concludes:
 Tt is apparent that no court has
 held that congress did not intend at
 the time of passing this law to pro-
 hibit lager beer containing any amount
 of alcoholic content sufficient to make
 if taxab ble by the revenue department
 sufficient to bring it within the gen.
 eral definition of larger beer as known
 from past experience and sufficient to
 bring the act within the prohibition
 of the selective service law which pro-
 hibited the sale of any intoxicating
 liquors including wins and beer
 Was to Conserve Food.
 Tn other words, the statute in