The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1919-07-04
ATTY. GEN. PALMER'S
STATEMENT EXPLAINING
PROHIBITION RETRIEVE

Washington, d. c., June 29.-At-
torney General Palmer's statement is
sued tonight, defining the stand of the
Department of Justice in the enforce
ment of wartime prohibition, and al
pending settlement of pending litiga-
ton, is as follows:
After today it will be unlawful to
sell for beverage purposes any dis
titled spirit and any beer, wine or
other Intoxicating malt or vinous Ii
quor, except for export. This prohi-
bition will continue under the terms
of the law until the conclusion of the
present war, and thereafter until the
termination of rehabilitation. AS
long as the law thus remains in force,
it must be obeyed and / intend that
the Department of Justice shall do
its utmost to perform the duty which
the Congress has placed upon it.
This law has been held to be con-
stitutional and valid by the Circuit
Court of Appeals, sitting in New
York. 1t plainly makes unlawful the
sale of whiskey, brandy and other dis
titled spirits and wine. The only
controversy that has arisen is as to
whether the sale of beer containing so
little alcohol as not to be in fact in
toxicating is prohibited. The Gov
ernment's contention has been that
the act prohibits the manufacture and
sale of beer containing as much as
one-fourth of l per cent of alcohol,
but the Interpretation Of the act is
not free from difficulty, and am en-
deavoring to have the question set
tied by the courts at the earliest pos
sible moment.
My course with respect to beer con-
tanning less than per cent of alco-
hol, which, it is claimed, is not intoxi-
eating, will depend upon the ruling,
which will soon be made by the dis
trict courts, in which cases are now
pending OF in which other cases may
be brought. | have no power to grant
amnesty to any who may see fit to
manufacture or sell beer pending an
authoritative judicial construction of
tie law, and am sure that brewers
and dealers generally understand that
the tendency of litigation will be no
protection against prosecution for Of
lenses under the law.
But with respect to whiskey, BRAN
dy and other distilled spirits, wine and
beer containing more than 3-4 per
cent of alcohol and other intoxicating
malt or vinous liquors the prohibition
is beyond controversy, and but one
course is open to the Department of
Justice. All persons found selling
such liquors must be arrested and
prosecuted. The District Attorneys
will cause warrants to issue for all Of
tenders as to whom evidence was fur
nished by the Bureau of Investiga-
ton, the Agent of the Internal Reve-
nue. Bureau Of the Treasury Depart
ment, local officers or others, and the
Marshals and deputies will promptly
serve such warrants.
With the cooperation of local au-
thorities, it is believed that the law
can be made effective. For this rea-
son l call attention to the fact that it
is the duty of local arresting officers
to make arrests for offcnses commit
ted in their presence, whether the Of
Tense be against the laws of the State
or the laws of the United States. I
confidently expect the hearty coop
erction of local and municipal author
tiles, and earnestly request that all
police officers be instructed to arrest
persons found selling in violation Of
the wartime prohibition act and to
take such persons before a United
States Commissioner, when the Dis
trict Attorney will cause warrants to
issue. Local officers should also re-
port to the United States attorneys
evidence of offenses not committed in
their presence.