The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-18
BEER TO CONTAIN
LARGER PER CENT
Of ALCOHOL NOW
Attorneys Advise Brewers
That Sale of Beer With
pa Per Cent Alcohol
Within Law
BY Associated Press

New York, March 17.-The lager beer
breweries board OF trade New York
representing AZ brewing concerns in
New York and New Jersey, announced
today that on advice of counsel it's
members would resume at once the
sale of beer containing two and three
fourths per cent alcoholic content This
was forbidden by a ruling of the inter
nal revenue department which inter
preted President Wilson's proclama-
ton effective December 1 last.
Upon representation by the board
to Elihu Root and William d. Guthrie.
counsel for the organization, that beeu
of the alcoholic strength specified was
not intoxicating, the attorneys adj
vised the organization today that the
sale of the two and three fourths per
cent product would not be contrary to
law
The opinion held that the internal
revenue department had acted without
authority in decreeing that the sale OF
beer containing more than one-half of
one per cent alcohol was contrary 70
the Presidents proclamation forbid
ding the use of foodstuffs in brewed
products except those which were nou-
intoxicating
The brewers action. anticipating en-
forcement May l of the regulation linn
iting the use of cereals to "nonintox:-
cants" containing one-half of one per
cent of alcohol, was taken under the
internal revenue rule permitting, until
that date, the manufacture of two and
three fourths per cent beer but re-
curing the product to be dealcoholizef.
to one-half on one per cent before be-
ing shipped for sale from the brewer
les. AS the brewers have been making
"a tyyo nd f4yf 1.fh 1t,
December 1, when the anti-brewing
clause of the food conservation law
went into force, no change In manufac-
turing methods will be necessary, It
was stated to carry out the plan de-
cided upon.
Assuming that the government may
summarly attempt or threaten to en-
force the revenue departments inter-
probation Messrs. Root and Guthrie
advised the brewers. in this event. that
suit In equity be brought ito enjoia
any wrongful Interference with your
business or arrest of your employees"
UNANIMOUS ADOPTION
Announcement of the brewers intention
to ignore the government definition of
nonintoxicants was made following unan-
imous adoption by their board of trade OF
resolution advocating legal action to
test validity of the presidential procla-
nations and internal revenue rulings
based on the food conservation laws Of
August 10, 1917, and November q, 1918.
The latter act, providing for wartime
prohibition, already has been challenged
as to its constitutionality in a stock
holders suit filed here in the federal
court.
The board also recommended that it's
members proceed according to the Root
Guthrie opinion, and that in case of pro-
dit,oc bro
against any of them by the commissioner
of internal revenue. the defendants at
once communicate with the board, 80
that there may be harmony and consist
eng on the conduct of legal proceedings
to protect the rights of the brewers
The opinion was addressed to Christian
W. Feigenspan OF Newark. president OF
the United States Brewers association,
with which the New York board is asso-
ciated.
Messrs. Root and Guthrie based their
opinion it was said, upon an assurance
By their clients that malt liquors which
contain not to exceed 2.75 per cent of alco-
hol by weight, or 3.3 per cent by volume,
are not Intoxicating" and that this could
be established by the evidence Of ex-
perts and other competent witnesses"
The lawyers declared that there is no
provision in the acts of Congress which
any executive officer of the
to determine what malt
liquors are, in fact. intoxica ting, or to
any fixed test or standard for
when malt beverages shall
be deemed intoxicating
BEER NOT INCLUDED
They added: 1.-THE opinion that the
of the President, dated jan
uary 30 and March 4. 1919, authorize the
use of grain and other food products in
the production of malt liquors which. are
not in fact Intoxicating and that the act
of November q, 1915 Containing the war
time prohibition clause), does not apply to
Misunderstanding beers"
THE conclusion we have reached. there
FORE the opinion continues, lis that