Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-07-13
PREFERSFKED SUM HOLDS Jury MUST
TO UNCERTAINTY define |NT0X|CANTS
Attorney Untermyer Tells
Senators Congress Has
No Power to Act.
CALLS ITS BEER LEGAL

The right of Congress to define in
toxicating beverages was denied yes
terday by Samuel Untermyer, New
York lawyer, in testifying before the
Senate judiciary subcommittee. which
is considering prohibition enforcement
legislation.
Mr.. Untermyer told the committee
that neither under the wartime pro-
hibition act nor the constitutional
amendment could Congress say that
any particular percentage Of alcoholic
content constituted an intoxicating
liquor. Both the act and the amend
ment, he urged, left this as question
of fact which could be determined
only before jury.
"2.75 Beer Not Intoxicating"
In support of his contention that
beer containing 2.75 per cent of alcohol
was not in fact Intoxicating. Mr. I'm
termyer submitted a mass of affida-
Wits, reports on scientific experiments
and similar data, much Of which was
used in behalf of the brewers in the
recent %. per cent beer cases in the
New York courts.
My quarrel" Mr.. Untermyer said,
lis with your attempt to convert any
thing you please into Intoxicating
applies only to Intoxicating beer. and
2.75 per cent beer can be shown
clearly not to be intoxicating. An
extension of that act under the
guise of an enforcement measure is
not within the power of Congress.
You will endanger. if not defeat.
the constitutional amendment, said
Mr.. Untermyer, IF you fix the limit
at one-half of one per cent. Such a
provision would circumvent and de-
stroy its validity"
One-half of one per cent alcohol,
Mr.. Untermyer declared, is less than
that generated from an ordinary
meal. without liquids.
Reiterating that he did not believe
Congress had the right to define al
coholic percentages of intoXicants. Mr..
Untermyer said the act would be
vicious precedent.
IF you can define it at one-half of
one per cent another Congress could
fix it at 10 or 20 per cent" he added.
Calls Law False Pretense."
Mr. Untermyer said that with
peace signed. the military forces be-
ing demobiliZed, trading with the
enemy reopened and other peace con-
ditions restored. the wartime law was
false pretense."
II don't believe any court will per-
nit the farce" he added. Il am not
at all fearful Of what will happen to
this wartime law in the courts If
Congress puts this extension bill on
the statutes"
Similarly. he said. the dry amend
ment limited Congress to prevention
of the manufacture or sale OF intox-
icating beverages.
Chairman Sterling asked If Con-
gress had no authority to prohibit the
or sale of even liquids
no alcohol whatever. but
such as might reasonably be employed
to cover evasion Of the laws against
beverages. The witness
asserted that such power did not ex-
define, Intoxicating beverages woHld
be an invasion of the rights of citi-
Gems engaged in the manufacture of
such lawful, Notwithstanding bever-
ages as might fall within the CLASH
fcation thus made.
force its own laws or the Constitu-
tion," said Senator Overman.
1T is powerless to forbid the man
ufacture of anything that is not in
fact Intoxicating" the witness said.
of 2.75 per cent bear now
held by the 1000 breweries over the
country at 100000 barrels.
Interested British Capital
The witness. said he had been in
strumental in bringing British capital
to the United States to invest in the
brewing industry. About $40.000.000
Of this British money was now so in
vested. he said. and he spoke for this
as well as for the general brewing
industry.
II have looked with unfeigned de-
light" Mr.. Cntermyer said. upon the
to eliminate the saloon.
but this act for enforcement of war
time prohibition will not eliminate
it," He added that the terms of the
act were 'insincere" and the meas
ure itself vicious as class legisla-
ton"
cit does not prevent" he said. "the
man with money from stocking up
his cellar for years to come: but it
does prevent the poor man from get
ting the drink heretofore considered
as food"
do you contend that 2.75 per cent
beer is not intoxicating?" asked Sen
ator Sterling of South Dakota.
Yes" the witness said. And II
am given the opportunity l will