The Birmingham age-herald., 1923-09-29
CONGRESSMAN HILL PUTS WINE ISSUE UP TO GOVERNORS
Declares Law Unfair Which Gives Farmer Wine And
 Denies City Man Beer
Fly RAYMOND CLAPPSR (By Leased Wire to The Age-Hera

WASHINGTON, Sept. 2S.-A farci- cal element is being introduced into the prohibition situation just prior to the Presidents conference of gov ernors and the assembling of Con- gress This promises to increase the strength of the wet forces who are out to break the morale of the drys in the coming session.
 Representative John Philip Hill of Maryland, who is daring Prohibition Commissioner Haynes to arrest him for making wine in his cellar at home, is carrying his case to the governors in advance of the Presi- dents conference here about October 20. He has conducted his wine mak- ing operations openly without moles- tation from prohibition agents at a time when a newspaper in Lewis town, Me-, and a merchant are being indicted for advertising home brew materials. Hill declares there is a glaring inequality in the prohibition regulations which deprives the city man of his beer, but permits the far mer to make his own hard cider and wines without interference.
 At Congressman HilPs request. two prohibition chemists took samples of the wine, which tested as high as 12 per cent. But there has been no seiz-
 
 the congre ssman. Hill has written several letters to Haynes reporting on the progress of his wine making, and has demanded to know whether he is within his rights or not. Haynes evaded this question and now Hill is demanding an official ruling from the Attorney General
 Puts It Up to GovernOrU.
 Advancing his campaign one more step, Congressman Hill on Friday ad . dressed letter to all state governors and enclosed copies of his corre spondence with Haynes, asking that the question be considered at the coming conference.
 You will note from tn attached correspondence that the federal pro- hibition commissioner has ruled that there exists one definition of the word Intoxicating as used in the Nolstead act for the farmers and an- other definition for all others" Hill wrote. T cannot conceive that this is the case, but if it is. at your inn pending conference on prohibition; you will doubtless take up the Iues- tion of correcting such inQuaRt ty.
 Hills fight is likely to be taken up in the conference of governors, because he is a close political asso- ciate of Gov. Ritchie of Maryland, who nearly broke up President Hard ings conference a year ago when he declared the federal government had no right to demand that the states ' cooperate in enforcing the Nolstead act. His stand has since been up- help by Gov. Al Smith of New York. The issue raised by Repres entative Hill offered a good wedge for them at the coming conference.
 Hill declared that he is making his wine from a formula sent out by the United States department of ag- riculture farmers bulletin number 1855" entitled "unfermented grape { juice and how to make it in the ' home"
 { shows Alcohol Test.
 } Tests showed that simple grape juice with sugar as water added de- veloped II to 12 per cent alcohol.
 Without sugar 3.M per cent wet obtained.
 "All the above fruAt juices, in ac- cordance with your ruling, are en- trely legal, 1t being the purpose of the Volstead act to e0empt the plain farmer from it's operation as to such juices." Representative Hill said in his letter to Prohibition Commis- sioner Haynes. According to your ruling, 12 per cent fruf+ juice Is le- gal, whereas one-half of one per cent of hop juice. or beer is illegal"