United States v. Standard Brewery Same v. American Brewing Co

• Decision Date: 05 January 1920
• Docket Number: 474,Nos. 458,s. 458
• Citation: 251 U.S. 210,64 L.Ed. 229,40 S.Ct. 139
• Parties: UNITED STATES v. STANDARD BREWERY, inc. SAME v. AMERICAN BREWING CO
• Court: U.S. Supreme Court

251 U.S. 210

40 S.Ct. 139

64 L.Ed. 229

UNITED STATES

v STANDARD BREWERY, inc.

SAME

v. AMERICAN BREWING CO.

Nos. 458, 474.

Argued Dec. 11, 1919.

Decided Jan. 5, 1920.

[Syllabus from pages 210-211 intentionally omitted] Mr. Assistant Attorney General Frierson and Mr. Solicitor General King, of Atlanta, Ga., for the United States.

[Arguments of Council on 211-214 intentionally omitted] Mr. William L. Marbury, of Baltimore, Md., for defendant in error Standard Brewing Co.

Mr. Justice DAY delivered the opinion of the Court.

These causes are here under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246 (Comp. St. § 1704), and require the construction of the so-called 'War-Time Prohibition Act' of November 21, 1918, c. 212, 40 Stat. 1045, 1046, 1047.

In No. 458 the Standard Brewing Company was indicted for unlawfully using certain grains, cereals, fruit, and other food products on the 4th of June 1919, in the manufacture and production of beer for beverage purposes which, it is charged, contained as much as one-half of 1 per cent. of alcohol by both weight and volume. In No. 474 the American Brewing Company was indicted for the like use on the 26th day of June, 1919, of certain grains, cereals and food products in the manufacture and production of beer containing a like percentage of alcohol.

In the indictment in No. 474 it was charged that at the time of the alleged offense the termination of demobolization had not been determined and proclaimed by the President.

In each case a demurrer was sustained by the District Court.

Before considering the construction of of that portion of the act involved in these cases it will be helpful to give a short history of the preceding legislation that let up to it. The Food Control Act of August 10, 1917, 40 Stat. c. 53, pp. 276, 282, authorized the President to prescribe and give public notice of limitations, regulations, or prohibitions respecting the use of foods, fruits, food materials or feed, in the production of malt or vinous liquors for beverage purposes, including regulations for the reduction of the alcoholic content of any such malt or vinous liquor, in order to assure an adequate and continuous supply of food, and promote the national security and defense. Whenever notice should be given and remain unrevoked no person, after a reasonable time prescribed in such notice, could use any food, fruits, food materials or feeds in the production of malt or vinous liquors, or import any such liquors except under license and in compliance with lawfully prescribed rules and regulations. Under the authority thus conferred, the President issued various proclamations. On December 8, 1917, he issued one (40 Stat. 1728, Comp. St. 1918, § 3115 1/8 l, note), forbidding the production of all malt liquor, except ale and porter, containing more than 2.75 per cent. of alcohol by weight. On September 16, 1918, he issued a second proclamation (40 Stat. 1848), prohibiting after December 1, 1918, the production of malt liquors, including near beer, for beverage purposes, whether or not such malt liquors contained alcohol. On January 30, 1919, he issued a third proclamation (40 Stat. 1930), which modified the others to the extent of permitting the use of grain in the manufacture of nonintoxicating beverages, it being recited therein that the prohibition of the use of grain in the manufacture of such beverages had been found no longer essential in order to assure an adequate and continuous supply of food. And on March 4, 1919, he issued a fourth proclamation (40 Stat. 1937) amending his proclamation of September 16, 1918, so as to prohibit the production only of intoxicating malt liquors for beverage purposes.

It thus appears that the President, acting under the act of August 10, 1917, has reduced the prohibition of the use of food materials so that now it is limited to the manufacture of such liquors as are in fact intoxicating.

In the light of all this action we come to consider the proper construction of so much of the act of November 21, 1918, as is here involved, which provides:

'That after June thirtieth, nineteen hundred and nineteen, until the conclusion of the present war, and thereafter until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, for the purpose of conserving the man power of the nation, and to increase efficiency in the production of arms, munitions, ships, food, and clothing for the army and navy, it shall be unlawful to sell for beverage purposes any distilled spirits, and during said time no distilled spirits held in bond shall be removed therefrom for beverage purposes except for export. After May first, nineteen hundred and nineteen, until the conclusion of the present war and therafter until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, no grains, cereals, fruit, or other food product shall be used in the manufacture or production of beer, wine, or other intoxicating malt or vinous liquor for beverage purposes. After June thirtieth, nineteen hundred and nineteen, until the conclusion of the present war and thereafter until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, no beer, wine, or other intoxicating malt or vinous liquor shall be sold for beverage purposes except for export.'

Nothing is better settled than that in the construction of a law its meaning must first be sought in the language employed. If that be plain, it is the duty of the courts to enforce the law as written, provided it be within the constitutional authority of the legislative body which passed it. Lake County v. Rollins, 130 U. S. 662, 670, 9 Sup. Ct. 651, 32 L. Ed. 1060; Bate Refrigerating Co. v. Sulzberger, 157 U. S. 1, 33, 15 Sup. Ct. 508, 39 L. Ed. 601; United States v. Bank, 234 U. S. 245, 258, 34 Sup. Ct. 846, 56 L. Ed. 1298; Caminetti v. United States, 242 U. S. 470, 485, 37 Sup. Ct. 192, 61 L. Ed. 442, L. R. A. 1917F, 502, Ann. Cas. 1917B, 1168. Looking to the act we find these are its declared purposes: (1) To conserve the man power of the nation; (2) to increase efficiency in the production of arms, munitions ships,...