Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-25
WINE CONCENTRATE
PLEA TO MITCHELL
Mrs. ,Wiilebrandt Asks That
Policy Be Restated In
Interest of Clarity.
Continued From First PaEe.l

tors, special agents and others con-
cerned," and read as follows:
Section 20, title g.. Of the national
prohibition act authorizes the unre-
stricted manufacture Of non-intoxicat-
ing cider and fruit juices IN the home
upon three conditions, namely ID,
that such cider and fruit juices shall be
Misunderstanding in fact; CD shall be
exclusively for use in the home, and CD
shall not be sold or delivered to any
person except those having permits to
manufacture vinegar, and the shipment
of juice grapes. grape juice and
concentrates by carload lots, or other
wise, for resale for that purpose Is en-
tirely within the law, and you will,
therefore, unless the purpose and in
tent to violate the law is apparent, not
interfere with the shipment or removal
thereof (Such Is checking OF the names
Of purchasers as grapes arrive at ter
minal markets, etc), nor will you inter-
fere with such manufacture and use in
the home, unless upon satisfactory evi-
dence Of the unlawful sale OF such In
tovicating cider or fruit juices In or
ing houses for the latter purpose VIII
be made only upon . bona fide search
warrant"
section CaLleo EXceptlOn
Mrs. willebrandt declined to COM
ment on the matter today. 1t was said
on her behalf that she regarded it un-
ethical to discuss Q legal matter in ad-
vance Of its recognition by the agency
to whom Il was submitted.
In her brief she pointed out that the
xist of section 20 il whether the sale
or possession Of fruit juices Is for I'M
lawful manufacture. She contended
that II the householder can lawfully
make his section 20 beverage" out Of
concentrates, then the sale CT concen.
trates to him for that purposes is within
the law. =. -
Is an exception to the penalties set up
by the Volstead act, Mrs. Willebrandt
said in her brief that the general rule
In law is that an exception to penalties,
especially In criminal legislation, is to
b literally construed. She traced the
legislative history Of the Volstead act,
and, IN further support Of her conten-
ton that O liberal construction is nee
eSaary, she cited and underlined that
part Of former Senator Phelans debate
GA the Senate floor in which he said,
eft u the practice of certain of our
eitiEens-our Italian American citizens
and our Greek-American citizens-to
make . small quantity Of wine for do
mesttc use" -.
Another Brief 10 BE Filed.
Another brief, pointing out other
reasons why. in the opinion Of Fruit
Industries, Inc, there should be no
change In the Doran Interpretation
biIi, Will be filed with the Justice De-
mt ~ az lAARNAA
The brief submitted by Mrs. WILLIE
brandt revealed that In 1926 and 1925
the subject Of . grape concentrate
manufacture was discussed by the
Treasury and Justice Departments, and
that although no public announcement
was made at the time, both depart
ments held that there Is nothing un-
lawful in the home manufacture Of
fermented grape Juice.
A6rS. Wiliebrandt argues In her bEief
that Fruit Industries. Inc, does not
propose 10 do anything that Z not done
now all over the country and that II
the Government allows the sale Of grape
Juice, from which wine can be made, 1t
w6Rld be unfair to disallow the sale
Of q grape concentrate merely because
wine might be made from It.
Regardless Of what Interpretation Is
finally announced with respect TO fruit
Juices, II, indeed, there is to be any
further expression, the Justice Depart
ment u continuing the prosecution Of
eases involving apparent violations with
undiminished vigor.
Department Studies Case.
The FIRST case involving distribution Of
o grape concentrate TO the bootleg
trade was being studied at the depart
nnent today. This case, originating In
California, involves the allegation that
an agent for q manufacturer Of grape
brick" negotiated With financial inter-
ests for sale Of the substance when he
knew that It was 10 be made into con-
centrate and sold direct in the bootleg
Il was emphasized. however. that the
particular case did not involve
Fruit Industries, Inc, or the Grape
Control Board, Ltd, the latter corpora
ton being identified with the stabilize
ton machinery set UP BY the Federal
Farm Board.
Dr.. Clarence True Wilson, general
secretary Of the Methodist Board OF
Temperance, has declared that the
grape concentrate selling plan, and the
possibilities" suggested by it, consti-
tute an experiment more dangerous Ia
the success Of prohibition than any
evolved since the eighteenth amendment
became effective"
Spokesman for Fruit Industries, Inc,
said privately today that DR.. Wilson
didn't know what he was talking
about" The entire grape industry, 1t
vas asserted. is staying within the law
and is Jealous that it be permitted To
continue to operate within the law a.
laid down by the Doran Interpretation