Arizona republican., 1919-04-19
BREWERS OPEN FIGHT AGAINST
 DRY MEASURES
Start To Make Beer In Vio- latiOn of Regulations-No Action Yet By U. s. Rev enue Officials

NEW YORK, April 1S.-Brewers Of he New York district took action to- day intended to speed court determin- ation of their claim that beer of 2& per cent alcoholic content may be pro- duced without violating the food con "eryation regulations, when two Of their number began distribution of d brew of the strength specified in bar rels bearing labels describing it as uon-int6Xicating beverage.
 The kegs, sent out without revenue stamps, which the collector had re- fused carried tags announcing that sums equivalent to the cost of the stamps had been deposited in banks to await the claims of the government Attorneys for the brewers, who ad- vised their action. declared that other manufacturers in New York and else whcrs throughout the country also
 ould begin distributing.
 The beer shipped here manufactured ny the Hoffman and Gambrinus brew cries had been made since December 1. when by presidential proclamation use of grains for brewing was pro hibited, to be modified early this year by permission to make non -intoXicat- ing or "near beer" which the revenue department classified as containing less than one half of one per cent all coholic content.
 The Hoffman BreWeries notified the internal revenue collector early this week of their intention to resume dis ribution of the two and three quarters per cent product. This was the stand ard during the greater part of Ameri cas participation in the war, under the food regulations.
 When application for revenue stamps was denied. the brewers announced heir intention of rendering payment 10 the authorities. When this was refused. it was decided by the Hoffman and also the Gambrinus concerns to deliver goods without stamps, and special labels prepared on order of Elihu Root. and William D. Guthrie, for the brewers of the country, were lttached to the barrels. The labels contained the following legend:
 Non intoxicating beer, containing not to exceed 234 per cent of alcohol by u-eight.
 "The internal revenue tax imposed oy section sos of the act of congress f February 24, 1919 of s6 for every barrel containing not more than 30 gallons has been duly offered to the collector of internal revenue for the district of ....... and upon his refusal 10 receive the tax and issue the cus- tomary stamps, the full amount of the tax was deposited 10 his credit with ........ bank, thus keeping the ten der good. If any attempt be made to seize the beer telephone or telegraph 1t once to undersigned" the name of he brewer follows.
 The text of the labels was contained in an opinion given to Christian W. Feirenspan. president of the United States Brewers association, by Messrs Root and Guthrie. Thiszopinion, writ ien when the brewers declared the col ector had threatened" to refuse is suance of stamps, advised the proce- lure begun by the Hoffman and Cam Drinus Companies
 The Hoffman concern is complainant in the test case brought to restrain he federal district attorney and the internal revenue collector for inter fering with the production of 2% per cent beer. Argument on a motion by the government to dismiss the action has been set for next week.