The New York herald., 1920-01-06
VETS STILL HOPE
COURT WILL KILL
DRY AMENDMENT
fCoptfuusd,from Page ose.)

C0D ftuuG ditrput Page OUe.)
executive department of the govern
ment of the United States. including the
State, War and Navy branches thereof
and all commissions and boards. or by
merely 90 carry into effect tho wartime
measures"
The case Is pending, Mr., Buckner said.
and will he called for hearing In due
time. The courts then will be asked TO
define not only what Is Intoxicating
which has not yet been done-but also to
determine if the Eighteenth Amendment
ever was adopted by the United States
under proper submission.
Russell II. Isandale president OF the
American Grain and Malt Company Is
sued a statement In which he said:--
In view of the development and per-
lection of near-beers during the wartime
prohibition period and since the formation
OF the American Malt and Grain Com
pany, which development has demon
strated beyond doubt that beverages
brewed from malt and hops In every detail
according 10 the best old-time processes
and Siealcoholized to the legal content
have found ready market. even In coin
petition with the now prohibited AIS prod
|uct, the prospects for the mating busi-
mess are most encouraging.
IAN the largest and best brewing con-
Germs In the country, after exhausttnS re-
search and experiment In the brew'nr
Iof near.beers. have decided To continue In
business. and are wisely advertising their
Inew product, which they claim confidently
will more than please their old customers
and the vast number Of those others who
must now choose between insipa0 sott
drinks and tho finest near-beerns which
are similar In appearances. smell and taste
to the old-time favorite LAGER f1lsener'
Budweiser. Stout &C."
WIZ Test Its vfidfty.
Colonel Jacob Il Rupert, Of the Jacob
Rupert Brewing Company. said that the
decision was not In the least surprising
Ito him. ''ln view Of the way things were
going in this country to-day.
"Of course" said he, I'VE must accept
this latest ruling Of tho Supreme Court
as philosophically as possible, but we snail
test the validity Of tho CONSTITUTIONAL
amendment later"
Thomas .. OConnor, secretary o. the
New York Wine and Liquor Dealers As
ISOLATION. said d:-"Our association will hold
"a meeting tomorrow afternoon at Terrace
Garden. and at that time we may have
some announcement TO mako about the
future policy Of members The association
lI represent has about s23i,0oo worth OF
LIQUORS In bond. on which we have paid
two sets Of taxes, and now the situation
shapes itself 90 that It appears we cannot
take these liquors out OF bond, let alone
sell them and secure at least our invest
meut back. II that 10 Justice. VIII have
to be shown. AL we can do now - to
wait for a test Of the validity OF the
constitutional annenduent"
I'VE are optimistic and believe We VIII
win. I believe that peace will be declared
shortly and that We can again manufac-
ture beer" said Christian w. Feigenspan.
president Of the United States Brewers
Association, yesterday In Newark.
Judges McReynolds, Clarke, Day and
vanderventer decided In our favor. De-
cisions In the Baltimore and New Orleans
cases were In our favor. Tho substance
of this is that the sale OF beer UP to Octo-
ber Is was legal. II Il was not Intoxicating.
After that the Voistead law prevailed"
Mr.. Feigenspan said that, 10 far ~ he
knew. the brewers had made no plans for
1.-THE immediate future. but he intimated that
la conference would be held soon. and that
something definite might be decided upon.
Anderson Scores Republicans.
This was the comment made by William
H. Anderson, State superintendent Of the
IAnti-Sa,oon League OF New York.
"Once more tho Supreme Court OF the
United States has demonstrated to the
public that the Honorable Elihu Root is
losing his grip as lawyer, or else is not
very scrupulous in his choice of clients.
The decision Of the highest court of the
land that even root beer as the 275 per
cent concoction has come to be known. is
illegal, has emphasized the folly OF Re-
publican leaders In their overconfidence
OF Republican victory this year. affronting
the moral element Of State and nation by
putting forward the chief attorney OF the
German brewers In America to take q
prominent part in the selection OF the
Republican candidate for President
"If Congress has the power to prohibit
2B per cent beer under war prohibition
there can be no doubt Of its power to fix
the limit under the amendment, and the
Supreme Court has held that it has the
power We presume the liquor interests
will insist upon getting decision upon
the prohibition amendment and collateral
questions from the Supreme Court but, so
far as material legal relief is concerned
they are done. There is nothing left Tor
them except to repeal the amendment or
to capture Congress and repeal or pervert
the enforcement law which carries 1t into
effect. In this undertaking we wish them
ioy"