The sun., 1919-03-19
New York Plant to Lead
Way for General Resump-
tion of Manufacture.
EHRET WILL FOLLOW
Other Firms Inclined to
Hold Off Until Test Case
Is Settled.
ROPER ASKS FOR ADVICE
Admits Knowing of No Spe-
cific Law for One-half Per
Cent. Ruling. s.
ROPER ASKS FOR ADVICE

Brewers in this city made prepara-
tons yesterday to resume the making
Of beer with 2.75 per cent. alcohol. The
Jacob Rupert Brewing Company will
be the first concern to start work
course which was given to the Lager
Beer Brewers Board of Trade on Mon
day by Elihu Root and William D.
Guthrie, special counsel in the fight
against prohibition. The Rupert
brewery will probably proceed on this
being watched by the rest of the brew
crs, as the action of the Rupperts
promises to develop into a test case.
Col. Rupert planned to assert his
right in this way to disregard the rul-
ing Of Commissioned, Roper of the In
ternal Revenue Bureau on February G,
that any beverage containing an excess
OF half of per cent. of alcohol was in
toxicating. At the same time this was
announced the Government was asked
to cooperate with the defence in the
test case brought by a minority stock
holder against the James Everhards
Breweries questioning the constitu-
tionality Of the war time prohibition
act
we shall take no action with re-
gard to the brewing of "a per cent
beer until we receive instructions from
the Bureau of Internal Revenue in
Washington" said William H. Ed
wards, Collector of Internal Revenue,
in this city Yesterday.
Roper Asks for Advice.
From Washington came the statement
from Commissioner Roper that 1--WE will
meet the Issue when we come to it."
Meanwhile he decided to ask the De-
partment OF Justice whether the bureau
has authority to enforce its rule against
the sale OF beer containing more than
one-half of one per cent of alcohol.
This decision was reached by the Com
missioner after conferences with legal
advisers and deputies of the department
in charge of enforcing liquor laws when
the Commissioner found the various
laws and food administration regulations
were so complicated that 1t would require
az authoritative legal decision to clarity
the situation.
The recent ruling from the bureau pro-
vided that beer containing not more than
315 per cent of alcohol could be brewed.
but that before Eale the alcoholic content
nlust be reduced to not more than one
half OF one per cent. Revenue officials
maintained that this percentage limit
WAS based OH precedent and on court
decisions IN various States. 1t has been
Used for years in collecting taxes. Com
missioner Roper admitted, however, that
state laws vary and that he knew of no
specific Federal law or court decision
prescribing one-half OF one per cent as
\ The limit OF alcoholic content for non
intoxicating beer.
Contention of Brewers.
The weight of this latest phase of the
ight OF the brewers rests on the. point
whether beer containing 2& per cent.
of alcohol is intoxicating. The brewers
maintain that 1t is Notwithstanding and
are prepared to back up their claims
with testimony by experts and with
court decisions. Relying on assurances
10 that effect from the brewers organi-
cation, Messrs. Root and Guthrie handed
out their opinion that ''the proclama-
lions of the President dated January 80
and March 4. 1919, authorize the use of
~ ain and other food products, IN the
production of malt liquors which are not
n fact intoxicating and that the act OF
November 81. 1913, does not apply to
1t Is to that act that Antl-Saloon
League leaders are pinning their faith.
Vhey contend that the phrase prohibiting
the manufacture of beer. wine or other
intoxicating malt or vinous liquors" does
away with the necessity of proving that
beer containing more than one-half OF
per cent. OF alcohol Is intoxicating, since
beer is expressly mentioned in the pro-
hibtory phrase. However, Wayne b.
Wheeler. general counsel for the league,
said at Washington yesterday that Con-
kress would be urged to define intoxi-
eating liquor before the measure went
into effect on July /.
Lawyers Interpretation.
As matters stand Messrs. Root and
Guthrie hold that neither that act nor
the law of August 10, 1917, authorizes
any executive officer Of the Government
to determine what malt liquors are In
fact intoxicating, or to prescribe any
fixed test or standard for determining
when malt beverages shall be deemed
Intoxicating
On this point Commissioner Roper
looks for an opinion shortly from the
solicitor of the Internal Revenue Bureau
and Attorney-General Palmer. and as
soon as their interpretations of the vari-
sous statutes have been made. the Com
missioner will determine what course to
pursue. II those decisions uphold him
nue. officers will be instructed to forbid
the shipment OF beer from breweriea
containing a larger amount Of alcohol.
In case such n Dolicy Is undertaken IN