The evening world., 1919-05-01

"Our members take the position"
said hC that this beer of low ulcu-
iolic content is Intoxicating and
therefore docs not come uuI's 'ur
provisions OF the so--si7lcd Wtrt iWr
Prohibition BIZ. In manufacturing
this n".r the brewers do not feel
they arc iu any way violating She
spirit Or the lr.tcr of the .lw.
81 might add that the membership
OF 'hc BrcW'Is' Board ~ rrado lu-
rIud"s nearly oil the brewers Of
Greater New York, Newark ana JCr-
soy Ci.v"
Tho advice W counsel mentioned
hy Mr.. Hupfcl was in the form OF a
letter received by Christian T. Fci-
, c"rspAn. President Of the United
St.tDs Brewers Association. Of let
/ i'r from Eiihu Root and william y.
/ Guthrie, counsel Tor the br, wing In
| tercsts.
The argument before Judge Hand
| had confirmed the lawyers opinion,
they wrote, that the Wartime Pro
| hibition Act applied only to "intoNi-
| eating beer" n was admitted that
| this opinion might not be accepted
| by the courts, In which event II would
/ no. prevent legal proceedings against
| brewers operating their plants after
to-day. But Mr.. Root and MIR. Guth-
I
| relied on In good faith by the brew
ers pending an application tu tho
| courts for an authoritative intcrprc-
! tation Of tho law, would undoubtedly
| be taken into consideration by the
Judges"
This condition should prevail. tho
lawyers added. particularly IN view
or the irreparable damage the brew
crs would sustain II they disC1ntin-
L.. st..a. H..N..
ganizatlons, and the question of sta
.utory Interpretation was finally de-
Cidcd by the courts in their favor"
But not all the brewers OF the city
will follow the action taken by the
Brewers Board Of Trade. officials OF
tho Jacob Hoffmann Brewing Com
pany and the Ehret Company an
nounced yesterday that they Will
cease 10 brew beer to-day.
United states Attorney Cafrcy de-
clined to say to-day whether he
would prosecute brewers who con-
tinued 10 make ~ per cent. beer.
u was said at the local office Of the
Department OF Justice that no in
structions had hcen received from
Washington 60 investigate violations
~ he law.
The Jacob Rupert Incorporation
brought suit yesterday i'm the Federal
Court against Internal Revenue Col
lector McElligott and Mr.. Cancy to
restrain them from interfering with
the manufacture OF 2.15 per cent.
beer by the RUPERT brewery. The
suit Is Identical in all essentials with
the action recently begun by Mr.
Root for the Jacob Hoffman, Brew
Ing Company
The Jacob Rupert Incorporation
did business exceeding $4,000. 900
In 1916, $S,O00,O00 in 1917. and SIO,-
100000 in 1918. the bill reCites. The
concern employs 700 men, with a
monthly payroll OF SSS.00O.
The bill alleges that prior 20 Aug.
10, 1917, the company brcwcd beer OF
: per cent. alcoholic content. but since
that time 1t has made beer OF per
cent alcoholic content. or 2.7j per
cent by weight such beer Is nom
intoxicating, IL IL asserted. and does
not come within the prohibition Of
the law
The question Of the constitutionality
OF the law Is raised and the allega-
tion Is made that the war has ended.
Attorneys said yesterday the suit
had been brought to protect tho bot
tiers from any possible refusal DV the
Internal Revenue Commissioner 20
unseal the Government locks on pine
lines used IN the brewery bOttliny de-
| partments.
Mr.. Cofcey Yesterday filed br'cr
| 10 support mis- motion. now before
| Federal Judge A. y. Hand. 10 dismiss
the suit for an injunction brought by
| tie hoffman, Company.