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Show IbeEms jll Resume at Once Sale 0f Beer Containing 2 3-4 Per Cent Alcohol. After Securing Legal Opinion From Elihu Root ! and W. D. Guthrie. i V-V VOKK. . starch 17. The Lager growers' ho.ird of trade of New H; reprcpontintf forty-two brewing con-?E con-?E in No.v York and New Jersey, .an-ounce'! .an-ounce'! today that, on advice of Us ' ,n.'e1 :ts manners would resume a e 'lie sale of bor. containing: L'a r ,-ent alcohol content. This tvas tor-jdJeii tor-jdJeii hv a ruling of the internal rovo-BC rovo-BC department, which inteiprcted Prcsl-(rt Prcsl-(rt 'ibcn's proclamation tffcetiva uec-1, uec-1, last. ifpoii a rep:"C.-'ort;it!on by tho board ) Elihu Root and William D. Guthrie, rcl fcr the crgnnlsation. that beer t'-e alcoholic strength specified was ol intoxicating, the attorneys advised organisation today that a fale of .ha jj per cent product would i;ot be con-ary con-ary to :;nv- U! opinion held that tho InUrivtl jvtn::e department had acted without ,.j,orjtv in decreeing: that the sale of Kf containing; one-ha If o .' 1 per cent t a'-'oiiol was contrary to the preai-fnt's preai-fnt's proclamation forbidding the use I fcod-tuffs in brewed -.product except which were ncn-inio.xieatins. kui-c Lcga! Opinion. The brewers' action, anticipating cn-rt'ir.ent cn-rt'ir.ent May 1. newt, of the regulation nit inj ttie u?e of cereals to "non-lntoxi-jits" containing: one-half of 1 per cent alcohol, was taken under the internal venue rule permitting, until that ti;te. im-tncture of '2 per cent beer, but quiring: that the product be dealco-iz dealco-iz to one-half of 1 per cent before Ing shipped for sale from ihe breweries, i the brewers havo been making a 2i r cent brew since December 1, when t anti-brew i ng: clause ol the food con-rvution con-rvution law went into force, no change manufacturing methods will be neces- -fy, it was stated, to carry out the plan ridci upon. - Asi'imins that tho government "may "si mmarilv attempt or threaten to en-tt" en-tt" the; rfvcmie department's interpre-1 interpre-1 ion. Meters. Ruot and Guthrie advised I brewers, in this t'-ent. that suit sity bo brouqlit "to enjoin any wrong-; wrong-; interference with your business or Kit of your employees.'' feline to Comment. ''WASHINGTON, March 1 7. Officta Is of . J interna! revenue bureau declined to i; .'anient officially tonight on the an-'; an-'; priced decision of New York and New -y w brt-wers to resume manufacture o- .beer containing 2 per cent alcohol -i'.ltling examination of the brewers" Utemcnt of legal authority for the ac- x.-"3cer containing one-half of 1 per cent tnore of alcohol by volujue is consid-intoxicating consid-intoxicating hy the internal revenue .:fwu. Officials explained that this mdard was based on a number of laws 4 court decipionsin the past, and was fan arbitrary executive ruling. )r the face of the situation it was said Officially by ome bureau officers the differs' action would' constitute a direct fciloii of a recent revenue bureau rul-i rul-i This ruling, issued Februarv 6, after (.,unccment of the lifting of the presi-jj presi-jj i's ban on manufacture of near.-beer, Vucfore it had actually gone into effect, jt;tt Jing in Detail. jr.; If at any time the president's procla-t, procla-t, t,on of September 16,- 191S. becomes .iS?": Iterative as to near-beer, brewers may tme the manufacture thereof prior to J 1. l'U9, where the alcoholic content Ins the process of manufacture ex--AA M one-half of 1 per cent bv volume, ? lUi-jdoes not exceed 2-?4 per cent by weight, on the brewery premises, pro- ' vided tho alcoholic content at the time of removal for sale and consumption does not exceed the limit of lets than one-half of 1- per cent of alcohol by volume. "Within the intent of the act of November No-vember l'I, 13 IS. prohibiting manufacture of beer after May 1. 1910. and its .sale after June o0, a beverage containing one-half one-half of 1 per cent of -alcohol by volume will be regarded as intoxicating." The provision requiring dcalcoholization of beer, it was poin ted on t , was not positively posi-tively stated in the ruling, but was a condition con-dition of the permissive clause. Edgar Richard, acting food administrator administra-tor in the absence of Herbert Hoover, said tonight that the food administration wn.s no longer interested in the question of brewing of beer from a food standpoint, and that the alcoholic content of beer was a matter en tlrely up to the bureau of internal revenue to determine. A letter. Mr. Richard said, has been written Secretary Glass at -the secretary's request, outlining the food ad minis: ration's ra-tion's policy regarding foodstuffs used in manufacture of malt beverages. , |