El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-21
2. IS. Percent
Beer Held Not
Intoxicating
St. Louis Judge Sanctions
Lifting of Wartime
Lid on Beer.

St Louis. No. Nov. Beer Of
I 2.75 percent alcoholic content was de-
clared to be non-intoxicating In a de-
cision handed down today by judge
John c. Pollock. OF the United States
district court in which he granted .
temporary injunction restraining
United States district attorney Hens
ley and internal revenue collector
Moore from enforcing the wartime
prohibition act against St Louis
brewers
In effect. Judge Pollock sanctioned
the lifting OF the lid on beer in St
Louis
In the decision judge Pollock grant
ed a temporary restraining order en-
joining United States district arror-
ney Hensley and collector Of internal
revenue Moore from enforcing the
provisions Of the NOlstead wartime
prohibition act The district attor-
ney is restrained from prosecuting al
legged violat0rs Of the measure and
the internal revenue collector is en-
Joined from refusing TO issue reNe-
nue. stamps for beer containing one
half Of one percent OF more OF alcohol
The order is made operative at
Required To Issue Stamps
Judge Pollock enjoins collector
Moore from refusing 10 issue revenue
stamps in respect to beer or malt IL
quOr containing one-hal1 Of one per
cent or more Of alcohol provided the
taxes are rendered and paid The col
lector is also enjoined from refusing
to license the plaintiffs as brewers
even though the beer manufactured
contains more than one-half Of one
percent alcohol, or from revoking
such license because Of violations OF
the proVIsit ms Of the law
District attorney Hensley and col
lector Moore, whom the court de-
scribes as the defendants. their
agents, servants and employees are re-
strained pending final hearing and
decision, from in any manner enfOrc-
Ing or attempting to enforce or caus-
ing 10 be enforced against the plain
tiffs. their officers, agents, servants,
employees and customers any OF the
panalties. pains, seizures or forfeit
ures Of the war time prohibition act
Cant Arrest Plaintiffs
District attorney Hensley is re-
strained from arresting or prosecut- Z
ing the plaintiffs or their agents or
customers for their failure TO affiX
revenue stamps, providing the failure
is due to the collectors refusal to is Z
sue the stamps
The defendants are likewise en- ]
the plaintiffs or their employees, I
agents, or customers and from seizing I
or attempting TO seize or IN any way I
interfering with the property, BUSH I
ness OF affairs Of the plaintiffs OF
their customers on account OF alleged
violation Of the act
aTime For States To wake Up
Judge Pollock's decision was in 1
suits brought by twq brewing associa-
tions and five Independent St LOUIS
breweries TO restrain the United
States district attorney and the col
lector Of internal revenue from en-
forcing the wartime prohibition act
These suits were consolidated oy
igreemenr
The judge asked II the state OF Mis-
souri, had ever questioned in court the
right Of congress TO pass the war time
prohibition law When told that nc
such action had been taken, he said;
1T is time for the states 70 wake up
II congress may usurp ali their priv
leges-"
Doesn't Deal WITH whisky.
The decision does not deal win {,
whisky. or any liquors Of greater al
,oholic content than 2.75 percent and
covers only the specific grounds on
which the validity Of the law was at
.acked il the Injunction suits brought
BY the breweries who sought TO es-
.ablish their right TO make and sell
us percent beer
Judge Pollock did not rule on the
,onstitutionality Of either the war
line prohibition law or the Nolstead
enforcement act