New-York tribune., 1919-05-01
Act on Advice of Counsel:
Depend Upon Courts TO
Decide Grade Made Now
Is Not an Intoxicant
New Opinion Is Rendered
RUPERT Company Sues to
Prevent Interference bv
Government in BOttIing

The brewers of the Metropolitan dis
trict, acting on the advice of Elihu
Root and William d. Guthrie, last
night, through H T. Fox, secretary Of
the United States Brewers Associa-
ton, announced that they would go on
brewing beer, of , p per cent alcoholic
content, the same as usual after to-
day, May L The brewers depend on
the courts to sustain their contention
that while President Wilson's var
time prohibition is aimed at the pro-
hibition of the manufacture of intoxi-
eating liquors the beer OF the grade
row being made is not Intoxicating.
The brewers of the country, gen.
orally speaking" said Mr.. Fox, will go
ahead brewing beer of pa per cent
alcoholic content, the same as they
have been doing.
A G.. Hupfel, jr, president of the
Brewers Board Of Trade, last night
said:
The members Of the Brewers Board
Of Trade, at q meeting held yesterday,
decided to continue brewing beer to
contain not to exceed 2a4 per cent al
cohol by weight on and after May l.
Brewers Get New Opo1ion
Messrs- Root and Guthrie, yester-
day. IN a new opinion addressed to
Christian ". Feigenspan, president Of
the United States Brewers Associa-
tion. referring to the argument be-
tore Judge Hand in the United States
District Court in the case brought bv
the Jacob Hoffman, Brewing Company
TO restrain the governm from inter
1ering with the business of the COM
pany, say in part:
The argument before District judge
hand confirms US in the opinions
heretofore expressed by US to you:
THAT by the true INTERPRETATION Of
section fourth Of the act of Congress
Of Ns-[.1er u, 1913, the prohibitions
s5erefn contained are limited and ap-
piicable only TO Intoxicating beer, and
THAT the Commissioner Of Internal
Revenue has no legal power or au-
thority to determine conclusively that
beer containing one-half of 1 per cent
or more Of alcohol. and not to exceed
2.75 per cent is as matter of fact
Intoxicating within the intent and
meaning Of the Presidents procla-
nations of January 80 and March 4.
Consideration Anticipated
"As it is quite impossible to obtain
a decision before May !, when the act
Of November 81, 1913, goes into force
and effect, We deem it proper to point
out that our opinion may not be con-
firmed by the courts, and that the
Interpretation of the government may
be held TO be enforc,Die as the inten-
ton Of the law. In such event, our
opinion would not, Of course, prevent
legal proceedings against the brewers
or procure immunity for acts done
prior 70 the decision Of the courts.
The opinion Of counsel, If acted and
relied on in good faith by the brewers
pending an application to tho courts
for an authoritative Interpretation of
the law, would undoubtedly be taken
into consideration by tho judges, par
ticulxrly III view Of tho irreparable
damages the brewers would sustain IL
they now discontinued brewing and
broke up their organizations, and tho
question Of statutory Interpretation
mere then finally decided by the courts
in their fayos, ~ we are Of The opin-
ION should be the outcome Of the pend
ing litigation"
New Suit Is Begun
The Jacob Rupert Brewing Com
yzny yesterday began a new suit
against the Federal authorities to guard
ayalust possible interference with the
bo4tliny Of beer. The United States
District Attorney and the Collector of
internal Revenue are made the defend
ant.. The complaint liz quite generally
{denticaT with that brought by the
Jaeob hoffman, Brewing Company,
whlrh is tnow befors Judge Mandon. on