Evening journal., 1919-04-25
]. 5. WILL ENFORCE
DRY ACTS LETTER
Manufacture Of Beer to be
Prohibited, Regardless
OF Percentage
STRENGTH is NOT
THE CONTENTION

NEW YORK, April 25.-The govern
raent proposes a literal enforcement oi
the wartime prohibition act'- including
han on production and sale OF all
heers and wines, whether or not they
are intoxicating, the Department OF
Justice announced through special
renr.sentatlve in the Federal Court
here yesterday.
While no steps will be taken TO pre-
vent brewing, pending a court uo.e'-
minatian OF the laws consthutlonaills
roisad hy brewers OF the New YORK
dlstrict manufacturers viii operate IN
,erii ~ future prosecution, aocoNlnS
M The statement OF William Z. fltls,
soecial counsel appearing for ATTORNEY
Generd Palmer in the beer litlgalioh
Mir Fits advised Judge A. \. hanu'
who heard arguments on the govern
menfs motion 20 dismiss ule sun
hroucht on behalf OF the national
nrovving interests by the Jacob HON
man Brewing Company, TO restrain tle
federal authorities from interfering
xvifh the production OF 81 per cent.
heer that the Department OF Justice
Ala not know and did not care wheiher
,oor ~ the strength indicated was in
.exi,,4lne The law prohibited sale
it, I,ne 20 OF distilled beverages as
>vou az manufacture after April 70, ana
sale after June 30, or Deer WING anu
-other Intoxicating malt or Ninous
uuors for beverage purposes p.hu-
sng the rehabilitation OF the military
10 ces. ne said. The words Deer ahu
swine" were not qualified IN ule oplll,
ion OF the government ne added, ana
the apparent congressional Intention 10
stop the waste" Of grains ana fruits
an thelr production In any strehsh
would be enforced.
Judge Hand gave II as his opinion
chat The war was "siill In progress,
which upset one Of the brewers CON
.entlons.
Following Ellhu Root, who argued
that the prohibition law did not apply
10 beer. which was not intoxicating lln
which class the brewers rate the 81
pe- cent. product) and that the >act'
having been passed after the signing
Of the armistlce and the expiration OF
the war emergency, was unconstitu-
fional Mr.. Fits asked that an in1unc-
tion sought by the Hoffman Company
40 restrain The federal district ''tor-
new and tho co'"-'o"
nue. from beginning proceedings to in
terfere with its p4o-
per cent brew be denied.
on the admission Of William d.
Guthrie. associate counsel for the COM
plalnanis that he had no proof o' al /
ier "a threats by District Attorney Caf-
fey 90 prosecute the brewers, Judge
Hand said he thought Mr.. Caffey should
he eliminated as a defendant. Mr.
Guthrie declined 30 withdraw the dis
frict attorneys name from qhe com
plant. In view OF published statements
.of the Internal revenue department In
dicatlne Intention 10 bring seizure and
forfelturs proceedings against Offend 1
INK brewers, there was no suggestion |
of Withdrawing the complaint against /
the collector.
supplementing Mr.. Guthrie's admis-
sion, District Attorney Cafey an
lsunced that he had never threatened
20 begin prosecutions under the emer-
cency prohibition act. He added that
he did not propose any action along
this line until the court had been given
tlmo to consider the litigation in pro-
gress. Should there be any change In
lhis attitude, he said, he would advise
the court and the brewers counsel.
Tho litigation was discontinued as
affecting threats Of the internal reve-
nue. department TO prosecute manufac-
turers OF ? 3-i per cent. beer up 10
April 30. when the government coun-
sci admitted that Commissioner Roper
had erred In ruling under the food con-
seryation laws that beer OF 10 OF per
cent. or greater alcoholic content was
and so could not be man
under the Presidents proc
lsmailon permitting the production Of
near beer"