Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-09-03

l
thereto by the commissioner" (Sec
321D. All alcohol or distilled spirits OF
any kind manufactured by any distillar
must be placed in such warehouses and
when so deposited are said to be "in
bond,' and cannot be withdrawn until
the internal revenue tax of S1.10 OH
each proof gallon, imposed by (Stat. l..
563) shall have been paid. a standard
proof gallon being a gallon of liquor
which is so per cent. absolute alcohol
| (Sec. 324O. The gauging> or measuring
of the barrels or receptacles and the
testing Of the strength or percentage of
alcohol is done by the internal revenue
agents and the whole business of dis
tiling spirits is regulated by many
| other laws and restrictions from first
to last which need not be considered for
the purpose of this discussion.
| The new bill or amendment of the ax-
listing law simply provides for the with
draWal from such warehouse or bond,
| without payment of any tax, Of alco-
hOl for mechanical or fuel purposes
| which has been mixed under govern
ment supervision with denaturing ma
,, terial ii. e., material which changes it
from its natural state) suitable to the
use for which the alcohol is withdrawn,
but which destroys it's character as Il
beverage and renders it unfit for liquid
medicinal purposes.
Now. then. suppose some citizen OF
this State desires to manufacture such
denatured alcohol for mechanical and
fuel purposes. what is there in the con-
stitution Of Maine to prevent this? Tho
fifth amendment of the constitution
provides that the manufacture of in
toxicating liquors, not including cider,
and the sale and keeping for sale of in
tOXicating liquors are and shall be for
ever prohibited. Except, however. that
the sale and keeping for sale of such
liquors for medicinal purpose and the
arts and the sale and keeping for sale
of cider may be permitted under such
regulations as the Legislature NAV
provide. The Legislature shall enact
laws for the suppression of the manu-
facture. sale and keeping for sale Of in
toxicating liquors with the exceptions
herein ramed."
The constitution simply says that the
manufacture of intoxicating liquors
shall be prohibited. The next question
is therefore what constitutes an intoXi-
eating liquor within the meaning of
these words in the constitution. This
question has been determined by the
supreme court of this State in HeintZ
VS.. LePage. Vol. 100 of the Maine Re-
ports, page $40. decided in 1905, the
court there held approving the instruc-
tons Of the court below. that any liquor
containing alcohol which is based on
such other ingredients or by reason of
rhe absence of such other ingredients
that it may be drank by an ordinary
person as a beverage and in such guam
titles rs to produce intoxication, is in
toXicating liquor. If it's composition is
such that it is practicable to commonly
and ordinarily drink it as a beverage
and to drink it in such quantities as to
produce intoxication then it is intoxi-
eating liquor" In other words if its
composition is such that it is not prac-
ticable to commonly and ordinarily
drink it as beverage, and to drink it
in such quantities as to produce intoxi-
cation. it is not Intoxicating liquor.
But the very condition made by the
Free Alcohol act is that the alcohol with
drawn free of tax shall be so mixed or
denatured as to unfit it for use as n bev-
erage and. therefore, render it a non-in-
tox!cating liquor within the meaning of
our constitution. What, then, is there to
prevent the manufacture in Maine Of
such denatured or notwithstanding alco-
hol? The only obstacles which l have
! seen suggested are those raised in the
| opinion of Mr.. Arson NJ. Goddard of Au-
| gusta recently published in some of the
newspapers of the State. According to
Mr. Goddard the manufacture Of dena-
| tured alcohol in this State would not be
legally possible for two reasons. First:
He says because the federal laws do no,
permit any substance to be added to dis
TILED spirits prior to putting them in
bond, which. remaining in the distilled
liquor would affect the proof test, and
| that the denaturing can only be done af-
ter they are in bond; and secondly. that
since no denaturing material can be add
ed in the process of manufacture prior to
placing the EQuor in bond. anly unadul-
terated standard proof alcoholic spirit
| can be placed in bond. and the distiller
is obliged to manufacture alcoholic spir-
its which are an Intoxicating beverage
before he can place the same in bond and
| there render them Notwithstanding
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