The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-04-19
NFN| YORK BREWERS PUT BEER
IN MARKET To FORCE COURT TEST

NEW YORK. April 1S.-Brcwers OF
the New York district took action to-
day intended 10 speed court determine
ton Of their claim that beer OF "a per-
cent alcoholic content may be produced
without violating the food conservation
rcLulat!onS, when two Of their numocr
began distribution Of brew OIL the
strength specified IN barrels nearing
labels describing it as a notwithstanding
beverage.
The kegs, sent out without revenue
stamps, which the collector had refused.
carried tags announcing that sums
equivalent 10 the cost or the stamps
had bren deposited In banks to await
the claim Of the government. Attorneys
for the brewers who advised their ac-
ton. declared that other manufacturers
in New York and elsewhere throughou'
tho country also would begin dlStrio-
utlng.
The beer shipped hero from the Hoff-
man and Garrrbrlnus brewerics. had been
manufactured since December !. wnen
by presidential proclamation use OF
grains for brewing was prohibited. 10 Do
modified carly this year by PERMISSION
to mako Notwithstanding. or near beer
which the revenue department CLASSIFIED
as containing less than one half OF onc
percent alcoholic content.
It was expected that the brewers &C
ton would prccipitate a move by IN"
federal authorities intended TO stop Inc
sale of unStampcd beer. thus bringing
into the criminal courts the manui8c,
turers' contention, already raised IN civil
suits. that the Two and three fourths
percent brew being without the scope OF
the food conservation and prohibition
statues forbidding production OF intoNl-
cants, could be manufactured ana soiu
now and in the future under either Inc
war limo or permanent prohibition sla-
tutcs in compliance with the law.
The Hoffman brewcries notlticd ,hS
internal revenue collector carly 'nIS
week of their intention TO resume inc
making Of two and thrcc-duart"rs pro-
duct. When application cor revenue
Stamps were denied. the brewers an
nounced their intention OF tcndHrlhs
payment to the authorities Wnsh
This was refused. it WAS decided by Inc
Hoffman and also tho Gamhrinus con-
Germs to deliver goods without stamps
and special labels prepared on orucr III
Elihu Root and William ID. Guthr"'
counsel for the brewers of the country
wore attached TO the barrels. The Ia
hels contained the following legend:
misunderstanding hecr. containing not
to exceed 24 percent of alcohol os
weight
"rhe internal revenue tax imposed
by section COS Of the act OF congress OF
-
rel containing not moro than 81 ga
Ions, has been duly rendered TO inc cor
lector Of internal revenue for the ans,
| trict Of and on his REFUSAL
| 10 receive the tax and issue the Gus
tonary stamps, the full amount or INC
! tax wns deposited to his credit WIN
- bank, this keeping the 'cn"eF
good. If any attempt be made to seizr
/ the beer. telephone or telegraph at once
70 tho undersigned" and the name "f
the brewer follows.
WASHINGTON. April 1S.--In the alb
scnce of Internal Revenue Commission
Fer Roper. officials OF the revenue
bureau tonight would not predict whal
action might be taken IN the case o!
rhc New Yorls becwcrs VINO tood!
started distribution OF beer contAnlhE
o% percent alcohol. claiming II 10
Misunderstanding under existing iawS
and regulations. The only action of th'
bureau SO far has boon to refuse i'
: authorizes tho sale of revenue stamps u
brewers desiring to make beer win I'M:
alcoholic content. since regulations
place at onc-half of ono percent th'
| maximum alcoholic content TOT noH-'"
toxicatinr beverages Of any kind.
! Ry refusing 10 sell stamps the hurra'
! infcrcntiallv held that beer contaInlni
%. percent alcohol was Intoxicating
but commissioner Roper has not rulc'
specifically on this point since ln'
question was raised several weeks aG'
! hv tho brewers. Before deciding final
liz he has awaited an opinion by. Az
!torncy General Palmer. This opinion
has not yet been prepared by III" al
torncy general.
/ The revenue collector at New VOTE
probably will have TO take tho inttiatiF'
N apy action against tho brewers il
this case, it was said tonight by hurca'
officials. No official report had beer
received here on tho latest phase OF tn
situation