Arizona republican., 1919-04-25
WILL ENF ORCE WAR TIME PROHIBITION
 IN EVERY FEATURE
Cannot Make Distilled Lid- uor After Wednesday, Cannot Sell After June 30 Beer And Wine Are h. cluded
Republican A. p. Leased WireJ

NEW YORK, April 24.-The govern ment proposes a literal enforcement of the war time prohibition act, including ban on production and sale of all beers and wines, whether or not they are intoxicating, the department of jus tice announced through a special rep resentative in the federal court today
 While no steps will be taken to pre- vent brewing, pending a court decision of the laws constitutionality. raised by brewers of the New York district, man ufacturers will operate in peril of fu- ture prosecution, according to the statement of William c. F'itts, special counsel appearing for Attorney General Palmer.
 The attorney advised Judge A. N Hand, who heard arguments on the governments motion to dismiss the suit brought on behalf of the national brewing interests by the Jacob Hoff- mann Brewing company, to restrain the | federal authorities from interfering with its production of two and three | quarters percent beer, that the depart ment of justice did not know and did not care whether beer of the strength ! indicated was intoxicating.
 The law prohibited sale after June 30 of distilled beverages, as well as manu- ] facture after April 30, and sale after June 30 of "beer, wine and other intox- icating malt or vinous liquors for bev- craze purpose" pending the demobili- zation of the military forces, he said.
 Include Beer and Wine
 ~, 1. qualified, in the opinion of the govern ment," he added, and the apparent con gressional intention to stop the waste of grains and fruits in their produc- tion in any strength would be enforced To this statement, Judge Hand added his opinion that the war was still in progress" which upset one of the complainants contentious.
 Following Elihu Root, who argued that the prohibition law did not apply to beer, which was not intoxicating Gin which class the brewers rate the two and three-quarters per cent product) and that the act having been passed af- ter the signing of the arnistice. and the expiration of the war emergency was unconstitutional.
 ! District Attorney Caffey announced
 
 prosecutions under the emergency pro- hibition act. He added that he did not propose any action along this line un- til the court had been given time tc consider the litigation in progress Should there be any change in his at titude he said, he would advise the court and the brewers counsel.
 The litigation was discontinued. as affecting threats of the internal rev enue department to prosecute manu- facturers of a 2% per cent beer up te April 30, when the government coun- sel admitted that Commissioner Ropel had erred in ruling, under the foot conservative laws, that beer of one. half of one per cent or greater adco holic content was intoxicating, ant could not be manufactured under thu presidents proclamation permitting production of near beer.
 None but a court had authority [, pronounce a beverage intoxicating o the opposite, MT. Fitts said, and citeC the commissioners recent order per hitting brewing of the two and three quarters percent beverage as a comics sion of his mistake.
 Stating his desire to give an earl! decision in the case, Judge Hand ar. ranged for submission of briefs befori the end of next week. Former Senator Root announced that "whatever the de termination the issue should be car ried' 10 the supreme court"