Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-04-25
WAR PROHIBITION
WILL Be R|C|DLY
NFORCED BY U.S.
However Light Beer or Wine
May Be It Will Be Under the
Governments Ban, Is An
nOunCement.
fsr MORNING JoussAL Erre,.l .<Asro w,ss1

New Y ork, April 24-Ghe govern
ment proposes literal enforcement
of the war time prohibition act, in
Guiding a ban on production and sale
of all beers and wines, whether or not
they are intoxicating, the department
of Justice announced through spe-
cial representative in the federal
court today.
While no steps win be taken to pre-
vent brewing, pending court deci-
sion of the laws constitutionality,
raised by brewers of the New York
district manufacturers will operate in
peril of future prosecution, according
to the statement of William c. Fits,
special counsel appearing for Attorney
General Palmer.
The attorney advised Judge A. NJ.
Hand, who heard arguments on the
governments motion to dismiss the
suit brought on behalf of the nation
al brewing interests by the Jacob
Hoffman Brewing company to re-
strain the federal authorities from in
terfering with its production of two
and three-quarters per cent beer, that
the department of justice did not
know and did not care whether beer
of the strength indicated was intoxi-
eating.
Light Drinks Barred.
The law prohibited sale after June
30 of distilled beverages as well as
manufacture after April 20 and sale
after June 80 of "beer, wine and other
malt or vinous liquors for
beverage purposes" pending the de-
OF the military forces he
said. 1.-THE words beer and wine
We're not qualified, in the opinion of
the government" he added. land the
apparent congressional intention to
stop waste of grains and fruits IN
their production in any strength
would he enforced.
To this statement Judge Hand add
ed his opinion that the war was still
in progress, which upset one of the
contentious
Following Elihu Root, who argued
that the prohibition law did not apply
to beer which was not intoxicating
Tin which class the brewers rate the
two and three quarters per cent pro-
ducts), and that the act having pass
ed after the signing of the armistice
and the expiration of the war pmerr-
ency, was unconstitutional District
Attorney Caffey announced that he
had never threatened to begin prose-
cutions under the emergency prohibit
tion act. He added that he did not
propose any action along this line un-
til the court had been given time to
the litigation in progress.
Should there be any change in his at
titude, he said, he would advise the
court and the brewers counsel.
Departments Policy.
The litigation was discontinued as
threats of the internal reye
nue. department to prosecute manu-
facturers of a 2 IA per cent beer up
to April 80, when the government
admitted that Commissioner
Roper had erred in ruling under the
food conservation laws that beer of
one-half of one per cent or greater
alcoholic content was intoxicating and
so could not be manufactured under
The presidents proclamation permit
ting production of near beer"
None but a court had authority to
pronounce a beverage intoxicating or
he opposite, Mr.. Fits said, and cited
he commissioners recent order per-
mitting brewing of the two and three
quarters per cent beverage as a con-
fession of his mistake.
Stating his desire to give an early
decision I'm the case. Judge Hand ar
ranged for submission of briefs be-
fore the end of next week. Former
Root announced that what
ever the determination. the issue
should be carried to the supreme
court"