The sun., 1919-05-24
2.75 BEER GETS
BRIEF RESPITE;
IT MAY SURVIVE
Judge Mayer Restraints q.
s. From Prosecuting
Four Brewers.
ONE BIG ISSUE REMAINS
Experts, Including Doctors,
Say Weak Brew Is Not
Intoxicating.
ONE BIG ISSUE REMAINS

in the United States District Court
yesterday when he granted the appli-
cation Of four brewing companies for
an injunction restraining United
States Attorney Caffey from prosecut-
ing them and ordering the Collector Of
Internal Revenue to sell stamps to
them.
The ruling was made in the course
Of the four suits which the brewers
have brought asking that permanent
injunctions issue to the same effect,
and their application of yesterday,
which was only for a temporary in
junction pending the trial Of the ac-
tons on their merits. was granted on
the understanding that the actions be
pushed to speedy trial. Judge Mayer
indicated that he expected the actions
will be tried before July /, when, unless
Congress shall have repealed that por-
ton Of 1t dealing with malt liquors. the
food conservation act will go into ef-
feet.
The four plaintiffs are the Everard,
Hoffman. Clausen- Flanagan ana Rup-
pert brewing companies and In the va
rious proceedings incidental to their ac-
items which have como before the court
since the passage OF the food conserv-
ation act the issues gradually have
narrowed until there remains now only
the single question of facts 2.75 beer
an intoxicant or is II not? This is the
question which Judge Mayer desires
to see threshed out and upon It's ad-
1udication will depend not only whether
light beer may be sold regardless of the
Inhibition OF the food law but also
whether 1t may be sold despite the con-
stitutional amendment doing away with
the sale of intoxicating beverages in
1920.
Trials without Jurfes.
As the brewers have brought tlieir
suits In equity the cases will be tried
without juries. and since the issues are
now Identical probably all will be tried
together as one action. As all sort:
and conditions of lay and expert testi.
nlony will be cahed upon by both sides
IL Is expected that the trial will take uI
a number OF court days.
In the court room during the argu
ment of yesterdays application wer,
number of brewers who were moi
themselves among the litigants and they
seemed to have come there with the no.
. ton that the issue of whether the k.nC
of beer they are making Is an intoxi
, cant or not was to be tried out theI
, and there and that at the adjournment
: of court they might be able to go hom,
|, with all their doubts at rest.
, But as the argument progressed it be
came clear to them that the decision
, by Judge Hand last Saturday whicl
, had filled them with 80 much Joy ha,
Z been only on the points OF whether an,
, action of the kind that has been brough
to restrain a United States Attorney
, was maintainable at all. and whethe
the issue of whether 2.75 beer Is an in
toxicant within the contemplation Of tn
statute was triable. Judge Hand hat
decided these two issues in favor o
the complainants and the only question
, before the court yesterday was whethe
, or not a temporary injunction was to b.
granted pending the ultimate adjudica
ton of the suit itself
The argument yesterday was con
Quoted by William d. Guthrie for tn
brewers and by Mr.. Caffey for himself
I It lasted four hours and consisted a.
4 u
, Of the contents of thirty-seven affldaviti
. which he submitted in support of tn
, contention that nobody can get drunk D
: beer which contains only 2E per cent. @
8 alcohol by weight.
. Doctors Oner Testimony.
Eleven of his affidavits were by phys
clans, OF whom Drs. Smith Ely Jellif,
James ]. Walsh and Stephen Jewe,
!, were three FIVE were by chemists an
= twenty by large employers OF labor. A
J of them supported the contention tina
. beer of only 2.75 per cent content is a
innocuous brew. The dispositions 50
forth that the normal human stomac
II can contain only three pints of an
: fluid at one time; that the abnormall
i developed stomach of the most seasone
i beer drinker in the world can never cor
. tain more than Ave pints, and that with
out three quarts and eleven and sever
u tenths ounces OF ATS per cent. beer In hi
interior all at once II is impossible fo
{ any one to become intoxicated within III
Q true intent and meaning of that term.
: Mr.. Guthrie told of experts, special
= engaged by his clients. who, taking h,
70 man subjects of varying fluid capAcitit
u and temperaments to laboratories, ha
" there saturated them with 2.75 beer
o lar ge, small and graduated doses. ge
condition OF dignihed sobriety on II
o part OF the subject. He told how polio
end hospital physicians OF this and otht
cities were ready to take the stand an
swear that in all their experience of bet
. as reduced in strength by the war. the
had never seen case of intoxicatio
among the thousands OF public patien
passing under their diagnoses. Emplo,
ers, Mr.. Guthrie said, who have thou
N ands of men on their payrolls were an:
ious to say on their oaths that they hs
fwatched men working for them fll then
selves with modern beer without
" drunken employee resulting.
;. Says Science Is Interested.
'e "It is of Importance" he said. A"
% both literature and science as we'll ,
10 law 10 have tried out the question
II whether the kind OF beer these cor
" plainants make is an intoxicant l ha,
II presented in a memorandum the var
st Gus definitions Of intox ication set for
,e I'm the dictionaries and In learned work
Continued on FIFTH Ps0e.