New-York tribune., 1920-11-12
New L. s. Order
lakes Kick Out
Nn rr ~
Of Home Brew
Enforcement Officials Rule
Against Sale of Hops
and Malt 10 Others Than
Bakers and Confectioners
Much Litigation Expected
Beverage ManufacturersSaid
10 Complain That Been.
Making Hurt Their Trade

WASHINGTON, Nov. II (By The AS
sociated Press) Home brewing was
brought actively under the prohibition
ban to-day. Enforcement officials have
ruled against the sale of hops and
malt to others than bakers and con-
fectioners. Great secrecy surrounded
the prohibition bureaus action. but it
was definitely ascertained that such in
structions had been issued
Details Of the order were lacking
The only admission made by prohibi-
tlon officials in the absence of Com
missioner Kramer was that the Vol
stead act had been construed to mean
that the sale of hops and malt as COM
ponent parts Of homemade beer were
without the pale of the law and their
sale must stop. Enforcement officials
throughout the country have been noti-
fed Of the governments determinia-
ton, but they have not been supplied
with the technical language of the
decision.
The construction of the law which
resulted in the new orders was made
nearly two months ago. At that time
officials having it in charge started q
document through the regular pro-
cedure from which it emerCes as Il
Treasury decision. But it has not vet
been approved by Secretary Houston.
Further than TO admit existence Of the
proposed Treasury ruling officials de-
clined to discuss it.
beverage Manufacturers Complain
Emphatic derinl was made to the
report that the bureau had considered
or had included in the order other ar
ticles used in home brewing. Officials
likewise denied that provlalon was to
be made for the licensing of even the
bakers and confectioners, apparently
the only persons who will be able to
purchase hops and malt.
There were persistent rumors at
both the prohibition and internal reve-
nue. headquarters that scores of com
plants had come from the manufac~
turets OF cereal beverages containing
less, than one-half of per cent of al
cohol against the tremendous growth
Of brewing as a home industry. On
this phase Of the situation, officials
also refused comment.
1t was understood, however, that the
beverage manufacturers complaint had
been based on steady but rapid de-
crease in their sales, which they
charged to the growth of home brewing
They were understood to have pro-
tested to the Internal Revenue Bureau
that enforcement agents were enforcing
the alcoholic restrictions on them,
while the home brewer with the aid of
hops and malt has been able to produce
beverage approximating oldfashioned
beer.
Ready to Meet Attack
Officials anticipated that the ban on
malt and hops sales would bring a wave
of litigation as to the governments
rights, They claimed, however, that
decision had been preceded by thor
ough study of the questions involved
and said they were prepared to meet
the attack.
Sections Of the act specifically pro-
hibiting the sale of integral parts of
beer as we'll as the formal advertising
of recipes for its manufacture were
cited as one of the foundations for the
ruling. The point which they expect
to be tested in court was whether the
food value of the two articles banned
would, in the eyes of court, permit
their continued sale as such despite
their use as basis EUR beverage