New-York tribune., 1920-04-27
Beer Bill Void.
Drys Contend;
Vets Disagree
U. S. Officials Here Saw
Prohibition as Outlined
in <Volstead Act Will Be
Strictly Enforced in State
Federal Law Held Final
Attorney for Brewers Saws
Legislature Has Right to
Define 'Non-Intoxicatino'

The question Of whether or not beer
and light wines will be available for
the thirsty should Governor Smith
affix his signature to the Walker
Gillette beer bill developed differences
of opinion yesterday. The vets went
on record as being positive that heer
and wines containing not more than
2.75 per cent of alcohol by weight $3.50
by volume) were not to be classed as
intoxicating liquors, and Federal gov
ernment officials warned that prompt
action would be taken against any per-
son who dared to sell liquors contain
ing more than the one-half of / per
cent Of alcohol prescribed in the Fed
eral act.
6. R. O'Connor, Federal prohibition
director of New York, said yesterday
that "if the Governor does sign the
bill and licenses are issued by the
State Excise Department for 2.75 per
cent beer, the government will stop it's
sale. We shall enforce the prohibi-
ton act, which provides for prosecu-
tion of any one selling beverage alco-
hol of more than one-half Of l per
cent The brewers or any one else will
find action taken against them if they
attempts to override this law"
Warning Is Issued
At the Offices of James Shevlin,
supervisor of Federal prohibition
had been received which would pre-
vent that Office from directing the same
drastic action against violators of the
anti-liquor law, and it was inferred
that those who believed they could sell
liquor containing as much as 2.75 per
cent of alcohol should consider the
matter at length before deliberately
acting in violation Of Federal act.
w. H. Hirst, attorney for the brew
crs, as we'll as for the Society of Res
taurateurs of New York, issued state
ment last night in which he sorg't to
show, "in the interest of a proper
Interpretation Of the Eighteenth
tnS denon anf Of he term ana soi
eating liquors., just what rights the
state had in adopting a beer bill and
the putting of it into effect"
"The beer and wine BILL" he said,
Gust passed by the Legislature, does
not nullify the Constitution, but hon
estly and legally carries out the inten-
ton Of the Eighteenth Amendment. The
Eighteenth Amendment prohibits in
toxicating liquors for beverage pur-
poses. It does not prohibit all a!co-
holic liquors. 1t permits the manutac-
ture and sale of Misunderstanding alco-
holic liquors. 1t is lawful and proper
for the Legislature to enact q Law
which will permit the sale Of 'non-in
toxicating beverages.' Such beverage
is a beer or wine containing not to ex
ceed 2.75 per cent of alcohol by weigh
or 3.5 per cent Of alcohol by volume.
"The right of the State of New Yorl
to legislate under the Eighteenth
Amendment independent Of what Con
gress may do arises from the secont
section of the amendment which give
the state concurrent power with Con
gress to put the amendment into effect
This does not mean that the amend
ment may be nullifed by permitting
the manufacture and sale of intoxicat
ing liquors, but it does mean that tn
state may put it's own definition upol
the term within the limits of reason
and science.
Scientists have made experiment
for the purpose of determining what
intoxicating, and about twenty of tn
leading authorities in the United State
are unanimous in the opinion that
2.75 per cent by weight or 35 per cen
by volume alcoholic beverage is not in
toxicating.
"Therefore, the Legislature Of tn
State of New York is safely and clear
ly within its rights in enactlng la'
which permits such beverages"
In answer to which, in effect, Will
lam H. Anderson, superintendent of tn
Ant;-S Saloon League, issued a new an