Show r I DRY LA LAW W ASSAILED BY I BA BARRELS AI SIA E Lawyer Declares Congress Has No Right to Assert What hat Percentage of Alcohol Alcohol Alco Alco- hol Will Cause Intoxication W v. WASHINGTON July 12 Tho Tho right of Congress to define in intoxicating intoxicating intoxicating in- in beverages was denied to today today today to- to day by Samuel a n. New v NewYork NewYork York lawyer in testifying before the Senate judiciary subcommittee which is considering prohibition enforcement enforcement enforce enforce- ment legislation Mr Ir Unterm er told the committee that neither under the wartime prohibition prohibition pro pro- act nor the constitutional amendment could Congress say that any particular percentage of alcoholic content constituted an nn 1 li ii- ii I I I I I I o quor I Both the act and tho the amendment he ho argued left this as a Q question of tact fact which could be determined only before a jur Jury Quote Scientist In support of ot his contention that beer containing per cent alcohol was not in fact act intoxicating Mr rr Unter- Unter dyer i-dyer submitted affidavits reports on onS S scientific C i e n t i fi C e experiments x p e r i in e n t s a and n d S similar i m I tar data much of wh which Ich was used In be behalf behalf be be- half halt of tho the brewers In tho thu recent 2 23 per cent be ber bEier er cases case In In New York My r quarrel Mr Ir said Is with your jour aU attempt to convert anything anything any any- thing you OU plea please e Into Intoxicating liquor The war time prohibition act applies only to Intoxicating beer and per cent beer can be shown aliens n not notI notto notto to be bo intoxicating An extension of ot I that act under the gulso guise of ot an en enforcement cn- cn measure Is not within the power of Con Congress Similarly he s said ld the dr dry amend amendment ment limited Congress to prevention pre of tho the manufacture or sale of ot Intoxicating catin cating beverages Chairman Sterling asked if Con Congress ress had no authority to prohibit tho thoman man or sale of ot even en liquids containing containing con con- taming no alcohol whatever but such as might reasonably be bo employed to toI I cover evasion e of the laws against i In Intoxicating In- In bovera beverages etl Tho The witness asserted that such power did not exist and any attempt b by Congress to define intoxicating beverages would be an invasion of of the tho rI rights of ot citizens engaged In tho thoI I manufacture of ot such lawful beverages as aB ml might hl full fall within the classification thus made Then Congress Is pow powerless lles to enforce en cn- force Its own laws la or the constitution said Senator Overman O It Is powerless to forbid tho the manufacture manufacture manu manu- facture of anything that Is not In fact Intoxicating the witness said Mr Ir estimated the amount of ot 27 beer now held by the 1200 breweries brew brew- cries eries over o the tho country countr at barrels |