The Washington times., 1931-04-13
DOES mot THINK
THEM WITHIN
ITS SPIRIT
Points Out, Though, Practical
Difficulty of Prosecution;
Won't Ask Change in Law

aa WON ASK OIldlyG III Law
.. Sale of fruit juice concentrates
capable of producing wine is not
in keeping with the spirit and in
tent Of the prohibition laws, in
the opinion of Col. Amos w. w.
@Woodcock, prohibition director.
The dry chief so stated today
in a letter to Rufus S. Lusk, secre-
.tary of the Crusaders, a national
organization which is working to-
ward repeal of the Eighteenth
Amendment.
LuSk today made public CORE
.spondence between himself and
Attorney General Mitchell, Assist
ant Attorney General G. A.
Youngquist, and WOodcOck rela-
tive to the distribution of grape
> concentrates, in which the views
of the prohibition director were
contained.
Up For Discussion
This again brings the grape
concentrate situation UP for pub
lie discussion. The Federal Farm
Board has given aid to the grape
growers and with a few excep-
tions the Government has en-
couraged, rather than hindered
the sale Of concentrates.
Mrs. Mable Walker WilIebrandt,
former Assistant Attorney Gen
eral in charge of prohibition is
now attorney for some of the
grape concentrate people, adding
interest to the distribution of a
product alleged to become wine
through processes Of nature.
In a letter to Mitchell, Lusk
said that Fruit Industries, Ltd,
(which we are informed is as
sisted by Government subsidy in
,+exceses of $2,50O,000 through the
Federal Farm Board, has Just es-
tabliShed sales office two
blocks from the White House
and has an agency in the drug
store across the street from your
office for the sale of grape juice
concentrates and kegs, especially
adopted for the purpose of home
wine making Lusk declared:
"The keg has been treated as
a part Of the apparatus for
making liquor and che press
has reported many raids in
which kegs were seized, which
had been offered for sale"
Lusk Asked Information
The legalities Of these activi-
ties were asked. Lusk also sought
information from the Attorney
General whether he intended to
recommend that the home manu-
facture of beer be made legal or
the home manufacture OF wine
be made illegal.
Mitchell referred the letter to
Youngquist and the latter wrote
Lusk that legal opinions are
given only to the President and
h eads of Government depart
ments. He said it would not be
appropriate to discuss possible
recommendations to Congress.
The same inquiries then were
?. made of Woodcock. AS to the
legality of advertisements for the
sale of concentrates the proh1b1'
ton chief said:
"., "If these articles are adver-
nn tiSed and sold with an intent
-, that they be used in the manu-
>facture of q beverage which is
intoxicating in fact, then such
advertisement and sale is un-
lawful.
Proof Called Difficult
81 am sure that you, as
lawyer, will appreciate the prac-
tical difficulty of the proof Of
such unlawful intent. We have
prosecutions against somewhat
similar enterprises underway in
Los Angeles and Kansas City.
Such prosecutions will be made
whenever the evidence of such
unlawful intent is available to
convince a petit jury beyond
o reasonable doubt"
Asked whether he agreed with
the WickerSham commissions re-
port, wherein it pointed out
alleged inconsistent provisions of
the national prohibition law re-
specting the manufacture of beer
in the home and the manufacture
Of wine in the home, Woodcock
- said:
"There is no saving exception
in the national prohibition act
In this respect as to homemade
wine. The saving exception is
as to Misunderstanding fruit
juices and cider. / have no
comment to make upon the law,
my duty being to enforce 1t as
Congress enacts it.
Won't Ask Change
81 have no intention of recon-
mending to COngress any
change in the law in any re-
Spect.
"You finally ask me If I be-
ieye that the sale of a pro-
duct on the expectation that it
will develop IL to 20 per cent
of alcohol is in keeping with
the spirit of the Eighteenth
Amendment
81 do not"
NIINNIIM NIpHIIIT NNUpr