Show WA AR ttE O DRY J JA r A ACT J TO iO O liE I TESTED JO Suit Filed in Federal Federa I court ourt Brings Up S Question By Associated Press NEW YORK March nary action toward testing the I Uty of the wartime prohibition I act was tv s taken In the filing here today of a stockholders suit in the federal I court against the James Evat-ard's Evat breweries The complainant Joseph E. E Everard the asked the court for an order order or- or der restraining the defendant from suspending its manufacturing activities activities ties May 1 next and Its sales July 1 as required by the federal statute The complaint alleged that the emergency prohibition clause of the agricultural bill adopted November 31 1918 is unconstitutional as a measure Intended to safeguard the national Security security se- se and nd defense the armistice havIng hay hay- lug Ing been signed hostilities ceased and i orders given preliminary to reduction of the th l military forces before that date The complaint drawn by Elihu Root as chief counsel alleged that when I Wilson Vilson proclaimed the armistice armi- armi stice declarIng the war thus comes to I II I Ian an end directed cession of inductions I Into the army under the selective serVice service ser ser- I vice act and announced plans for rca res- I of at normal peace conditions there was no emergency military o 01 I otherwise calling for prohibition of t the ute use of grains cereals fruits or other food tood products in the manufacture ot 01 I beer or wines or for forbidding the sale of such products In order to coit- coit I serve the nations nation's manpower and carryon carry on the war The prohibitions it is charged were unnecessary anti J Continued on page 3 4 WAR TIME DRY ACT j ji i Continued from page 1 I and wholly without any power Conferred on congress by the I tion The suit also attacks the regulatIons I of the Internal revenue department restricting re- re i the manufacture of near neal beer prior to May 1 to products not exceeding 2 per cent In alcoholic content content con con- tent with a reduction to one half of 1 per cent when the commodity Is of offered of- of i for sale and consumption and and I limiting the alcoholic content of all brewed beverages after May 1 to cent It Is claimed per that beer containing containing con con- 2 per cen alcohol alcohol Is not Intoxicating In- In and that congress gave no I authority for tor the 5 12 per cent limitation I |