Evening journal., 1919-03-19
BREWERS OF CITY
UNDECIDED About
2.75 PER CT. Beer
CONFINED from page oneA

CONTINUED from page one3
uuor laws when the commissioner
found the various laws and food ad-
minlstrstion regulations were SO COM
plicated that u would require an au-
thoritatve legal decision TO clarity the
situation.
The recent ruling from the bureau
provided that beer containing not more
Than 2.75 per cent Of alcohol could De
brewed. but before sale the alcoholic
content must be reduced to not more
than one-half OF one per cent. Revenue
officials maintained that this percent
age limit was based on precedent ana
on court decisions m various states
II has been used for years IN colectlng
taxes Commissioner Roper admitted,
however. that Stale laws vary ana mat
he knew OF no specific Federal law or
court decision prescribing one-haf OF
one per cent. as the limit OF alcoholic
content for non-lntoxicating beer.
Contention Of Brewers.
The weight OF this latest phase OF
The nght OF the brewers rests on the
nolnt whether beer containing 2A per
cent. OF alcohol Is intoxicating. the
brewers maintain that II Is non-intoxi-
eating and are prepared to back up
their claims with testimony by experts
and with court decisions. Relying on
assurances 10 that effect from the
brewers organization, Messrs Root and
Guthrie handed out their opinion that
"the proclamatlons OF the President
dated January 30 and March :, 1919, au-
thorize the use OF grain and other food
products ih the production OF matt
LIQUORS which are not In fact lntoxicat-
lne and that the act Of November 2i.
1918, does not apply TO Notwithstanding
beers"
II is 10 that act that Anii-saloon
League leaders are piuning their faith.
They contend that the phrase prohibit
Inc the manufacture OF beer. wine OF
other Intoxicating malt or vinous
liquors." does away with the necessity
OF proving that beer containing more
than one-haif OF 4 per cent OF alcohol
IS intoxicating. since beer Is expressly
mentioned IN the pr0hibltory phrase.
However Wayne B Wheeler. general
counsel Tor fhe league. said at Wash
ington yesterday that Congress- would
be urged 20 define intoxicating liquor
before the measure went into effect on
July L.,
Lawyers Interpretation.
As matters stand Messrs. Root and
Guthrie hold that neither that act nor
the law OF August 10, 1917, authorizes |
any executive oflcer OF the government !
20 determine what malt liquors are in !
fact Intoxicating, or TO prescribe any
fxed test or standard for determining |
when malt beverages shall be deemed |
on this point Commissioner Roper
looks for an opinion shortly from the
solicitor OF the Internal Revenue Bu-
reau and Attorney General Palmer. and
as soon as their interpretations OF The
various statutes have been made, the
commissioner will determine what
course 10 pursue. II those decisions
uphold him in enforcing the y per
cent rule, revenue officers viii be in
stiacted 90 forbid the shipment Of beer
from breweries containing a larger
amount Of alcohol.
IN case such policy Is undertaken
Ia The next couple Of days il Is ex-
pcctcd. that The flrst clash VIII occur /
With Colonel Rupert. as he intends 10 1
cad the way in manufacturing the 2A
,er cent. beer under President Wilson's
eceni order permitting the making OF
near beer" n he is upheld some per-
0ns believe 70 would mean that such
lecr could be manufactured even after
he Federal prohibition amendment has
zone into effect on January 1 Of next
lear.
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