New-York tribune., 1919-03-20
Internal Revenue Collect
or and Attorney Cen
eral Are Defendants
Restraining Order
Is Asked of Court
Hoffman Company Seeks
to Force Government
to Define lntoxicants

The fight of New York brewers to
test the constitutionality of the "bone
dry" law and force an official Federal
definition as to what percentage of
alcohol makes an Intoxicating drink
was opened yesterday with the filing
in the United States District Court of
a bill in equity by the Jacob Hoffman
Brewing Company against Mark Eisner,
collector of internal revenue for the
Third District, and United States At
torney Francis G. Caffey.
The action followed the announce
ment of the members of the Lager
Beer Brewers Board of Trade of their
intention to resume the manufacture
and sale of beer containing 2.75 per
cent alcoholic content, on advice Of
their counsel. Elihu Root, that it is not
an Intoxicating beverage. The con-
test is directed against the govern
ment restriction of the alcoholic
strength to less than one-half of l per
cent, the figure set arbitrarily by Com
missioner of Internal Revenue Roper
as the minimum of alcohol for an in
toxcant
The bill asks for an order to restrain
the commissioner from interfering with
the contemplated production of the 2.75
per cent beer
The complaint, signed by Elihu Root
and William D. Guthrie, of this city,
and William L. Marbury, of Baltimore,
as counsel, also seeks to restrain possi-
bic criminal prosecution, it was ex-
planned at the Offices of the Guthrie
firm. In ordinary procedure, it was
said, district attorney cannot be en-
joined from taking action against an
alleged violator of government regu-
lations.
The object of the suit, as explained
by the attorneys, is to make the gov
ernment a party to litigation intended
10 pass upon the revenue bureaus
authority in defining intoxicants. The
counsel further stated that the brewers
want judicial decision on their claim
that beer of 2.75 per cent alcoholic
content, standardized by the President
under the food conservation proclama-
ton effective January !, 1918, is not
intoxicating.
The complaint of the Hoffman, COM
pany is signed by William Hoffman,,
president of the company. It contends
'hat the conduct of it's business en-
tails purchase Of supplies for several
months prior to their use, and asks
court protection against possible ces-
sation of its business for an indefinite
period through an injunction effective
pending the final disposition of the
suit
The complaint not only challenges
the revenue bureaus definition of in
toxicants, but attacks the constitu-
uonaiity OF the wartime prohibition
act, forbldding the manufacture after
intoxicants. It also alleges the "pur-
pose, intent and threat" on the part
oi the Commissioner of Internal Rev
enue and the Department of Justice to
enforce against its employees various
penalties established for violations OF
the revenue rulings.
Suoposnas on the complaint were
served soon after filing upon Marx
Eisner and United States Attorney
1aney. The case, unless expedited BY
an immediate answer, will be placed or
me calendar at the expiration of five
days.
s@i' LioiifT resigned recently as col.
rector, but 1t was announced he woulC
remain a defendant until his successor
was appointed.
The Hoffman, company had beer
manufacturing the 2.75 per cent bee,
except during last December and Janu
ary, when brewing was prohibited
"ith the lifting OF the ban on "neal
peer" ny Presidential proclamation i
resumed the manufacture of the beer
but dealcoholized it to one-half of .
per cent strength for distribution.
Lake most of the New York breweries
II has maintained it's production or
ganlzatson in anticipation Of attackin,
The Federal standard for an intoxican
and the wartime prohibition law
The state counsel of the Anti-Sa1ool
League, Robert G. Davey, came to Ney
York yesterday and visited the Fedora
courts TO obtain first hand information
AZ to possible Intervention by the "dry
forces of the state in the injunction
proceedings.
Local brewers have gone ahead wit
preparations to distribute the 275 pc
cent beer, according to a statemcn
nc Lager Beer Brewers Board Q
trade had not been notified up to las
n'gh. Of specific cases where the bee
was being made.