The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-07-26
Is Malt Extract a Beverage?
The Point Of Fact Involved
IN the Question.
THE OPINION OF THE ATTOR-
NEY GENERAL.

Columbia, Jaly 19.-Nearly every
drug store in the State keeps for sale
malt toric, or other malt extracts.
The question has been raised if such
sale is not in violation of The dispensary
Law, as malt extract contains percent.
age Of alcohol
Che State board Of control, as with
all such kuotty problems, left the
responsibility with the attorney geuer-
AIS Office, asking the judicial department
of the executive government for aa
opinion 90 the subject.
Mr.. Guuter yesterday replied to the
State board that the question vas really
matter of fact and not Of law.
The analysis of the chemist of the
South Carolina College shows that these
mat preparations contain from 2 per
cent Of alcohol by volume to more
than 6 per cent by volume.
The Law prohibits the handling Of
liquors "wbich contain alcohol and
which are used as beverage" etc.
UDder this section the question arises
els the malt tonic OF extract used as
beverage p In this connection Mr..
Gunter says:
''If used as beverage its sale is
prohibited; bat if used strictly as a
medicine its sale is not prohibited.
This is not quessisn Of Law to be
passed upon by this Office, but ques-
,ion of fact to be left to a jury to
determine. From q review of the
authorities in reference to the sale Of
alcoholic liquors 6nd that in effect tie
following rules are laid down:
"First. Whatever is generally aud
popularity known as intoxicating liquors.
such as brandy, whiskey. beer, etc., is
within the prohibition of such a statute
as above quoted and may be SO declared
as matter of law By the court.
Second. That whatever is generally
and popularly known as medicine or as
an article for the toilet and which is
recognized and the formula for its prep.
aration prescribed in some standard au-
tbori.y and is not among liquors ordi-
nari!y used as intoxicating beverages.
such as cay rum, paregoric, cologne snd
tinctures generally, is net within such
an act and mag be so declared as
matter of law by the court notwitbstard-
ing such articles contain alcohol.
"Thi,d. That as to articles interme.
diate between the above classes, COM
pounds Of intoxicating liquors With
other Ingredients, whether provided for
sirgle case or compounded upon fog
mula aud sold under specific rsne as
bitters, tepies, extracts. etc such as
now under OBSERVATION-DISCLOSURES they
are prohibited by this act is question
for the jury.
GAS to this latter class the facts Of
each particular case mues determine.
The test by which the jury must deter
mioe is not the presence Of alcohol! but
the adaptability Of the substance as to
the one use or the other, as medicine
or as beverage As has been JUDI
oially stated, If the compound or
preparation be such that the distinctive
character aod effect Of intoxicating
liquor are gone, that its use as 40 iuto1.
icatirg beverage is practically impcss;-
Bile by reason of the ingredients, it's
sale is not prohibited by this section.
Tae mere presence of alcohol does act
bring the article within the eection
quoted, for the ipfuence Of the alcohol
may be counterac;ed by the c,be7 e!e-
meots and the compound be strictly and
fairly only medicine Bu: if the alco.
hcl lemaios as distinctive force ic the
compound and such compound reason
ably liable to be used as an Intoxicating
beverage, it matters rot that it ceotains
ingredients Of beneficial force iu coun.
teractiog diseases or Strengthening the
system. its sale is is prohibited 7"