The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-05-02
WAR time PROHIBITION
ACT TO Be ENFORCED
Government Proposes Ban on All Beer
and Wine, Whether lntoxlca-
ing or Not.


ment proposes a literal enforcement
of the wartime prohibition act, lncluo-
ing a ban on production and sale OF all
beers and wines, whether or not they
are Intoxicating, the department Oh
Justice announced through a special
representative in the federal court to-
day.
While no steps will be taken to pre-
vent brewing pending a court determ-
nation of the laws constitutlonallty
raised by brewers of the New YORK
district. manufacturers will operate
in peril of prosecution, according to
the statement of William c. Fits, spe-
cial counsel appearing for Attorney
General Plummer in the beer litiga-
ton.
The attorney advised Judge A. N.
Hand, who heard arguments on the
governments motion to dismiss the
suit brought on behalf of the nation
al brewing interests by the Jacob Hof-
man Brewing company to restrain the
federal authorities from interfering
with it's production of two and three
quarters per cent beer, that the de-
partment of justice did not know and
did not care whether beer of the
strength indicated was Intoxicating
The law prohibited sale after June
80 of distilled beverages as we'll as
manufacture after April 80 and sale
after June 80 of "beer, wine and other
Intoxicating malt or vinous liquors
for beverage purposes" pending the
rehabilitation of the military forces,
he said. The words "beer" and "Wine'
were not qualified, in the opinion OF
the government, he added, and the APP
parent congressional intention to stop
the "waste" of grains and fruits in
their production in any strength would
be enforced.
With "half the world" looking to
America for food, MI. Fits contended,
the necessity of it's conservation was
greater "even than on the day of Cha
teau Thierry," and it was equally es-
sential that liquors be withheld from
public sale while the army and navy
were undergoing rehabilitation.
War Still in Progress.
To this statement Judge Hand added
his opinion that the war "was still in
progress" which upset nj of the COM
plainant's contentious.
Elihu Root argued that the prohi-
bition law did not apply to beer which
was not Intoxicating Tin which class
the brewers rate the 2 ga per cent
product, and that the act, having beer
passed after the signing of the arms
tice and the expiration of the wa
emergency, was unconstitutional.
District Attorney Caffeey amour
ced that he had never threatened t.
begin prosecutions under the emer
gency prohibition act. He added tina
he did not propose any action alon!
this line until the court had been Civ
en- time to consider the litigation i
progress.
The litigation was discontinued a
affecting threats of the internal rev
enue department to prosecute MANI
factureres of a 2 ga per cent beer u
to April 80, when the governme1
counsel admitted bat COMMISSIONS
Roper had erred in ruling under tt
food conservation laws that beer
one-half of one per cent or great
alcoholic content was Intoxicating ar
so could not be manufactured und'
the presidents proclamation permi
ting production of "near beer"
None but a court had authority
pronounce a beverage Intoxicating
the opposite, Mr.. Fits said.
Stating his desire to give an ear
decision in the case, Judge Hand a
ranged for submission of briefs befo
the end Of next week. Former Sen
tor Root announced that. whatever t