The daily banner., 1919-07-01
Beer And wine
Goes FOR A Time
Department of Justice to Abide
BY n, Y. Ruling,
MAY PROSECUTE LATER
Attorney General Palmer Decides
LIGHT Drinks Shall Not Be lnterfer.
ed With Under Wartime Law.

ed With Under Wartime Law.
Washington, July 1.-The sale OF
light wines and beer will not be IN
terfered with under a decision OF the
! department of justice.
Instructions went forward to federal
district attorneys that the department
| would abide by the recent decision in
the test case brought in New York and
would not prosecute dealers selling
| beverages containing not more than
| two and quarters per cent OF
alcohol.
| In permitting saloons to remain open
! for the sale of two and three-quarterS
| per cent beer, the department or just
ice is understood not to forego the
privilege of prosecution later, If its
contention that two and three-quarters
per cent beer is intoxicating is upheld.
In short, the question merely u held
in allegiance until final decision is
reached in the test cases. The supreme
court cannot pass on the question be-
fore October.
Laws for enforcement of both war
time and constitutional prohibition
were favorably reported to the house
of representatives by the judiciary
committee. They define as intoxicat-
ing any beverage more than one half
of one per cent alcohol.
Consideration of the measure is not
to begin until after the Independence
day holidays, but prohibition leaders
expect them to go through without UNI
usual delay and they say their enact
ment will serve to make Illegal the
sale of light wines and two and three
quarters per cent beer, at least until
the president declares rehabilitation
completed.
In the opinion of department of
justice officials and many members Of
congress wartime prohibition will
have no effect on the Reed amend
ment prohibiting transportation of in
toXicants into territory where its man.
ufacture and sale is forbidden by local
law Information has reached the de-
-partment that many persons living in
dry territory have stored quantities of
liquor in ''wet" cities with view to
transporting it after July 1, but en-.
forcement of the Reed amendment will
in no wise be relaxed.
The general view was there was law.
enough for the present, and that the
kouse would adhere to the plan Out
go Il
hibition question go over until after
the holiday recess.
Members opposed to the drastic pro-
visions of the measure reported out
by the Judiciary committee, gave no
tice that they would endeavor to have
these stricken out on the floor.
From the other side came intima-
tions that in some respects the bill
was not strict enough. 1t was said an
amendment would be offered to elimin-
ate the section which would permit a
citizen to store liquor in his home, and
the other clause which would make its
'use" lawful.
Some of the eurspoken opponents of
prohibition, as soon as the house takes
up the bill, will endeavor to have it
separated and immediate consideration
given the part dealing with enforce
ment of the wartime act.
The main fight, however, will be on
the definition of Intoxicating liquors,
with a view to the elimination of the
words "more than one-half of one per
cent alcohol" There will be other
bills to make it two and three-quarters
iper cent, all of which, according to
prohibition leaders, will be voted
down
Attorney General Palmer, and not
the war department, will have to ad-
wise President Wilson when demObilf-
zation of the emergency forces has
been complete, military experts said.
The present complication of the mil
itary establishment is so complicated,
1t was said, that a decision by the
highest legal authority would be neces-
sary.
The army is estimated to number
few thousand more than one million
men, composed of regulars, national
guardSmen in federal service, drafted
men and volunteer recruits who recent
Iy enlisted for the one and three year
periods. The regulars, exclusive of
duration Of emergency men, include
not more than forty thousand men at
the most and the recently recruited
class totals 61.000 leaving 100000 as
The number which apparently must be
discharged before rehabilitation can
lie said to have been completed and
.Ia nrn...lpnf legally entitled TO act.