Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-17
WHAT IS MEANT BY "BEER?"
VIRGINIA AUTHORITIES INVES-
TIGATING BYRD LAW.
Believed by Some Lawyers That
Counties May Be "Dry" and
Also "Wet."

Some Of the most reputable members OIL
the Virginia bar think joker has been
found in the Byrd liquor law, and that
its supposed stringent provisions are TO
be the means of opening up the state 10
nersons who want to engage in the bust
ness of selling what is really mild form
of beer without having to pay any ad-
ditfonal state tax. 1t was said last nlght
that even in some of the prohibition sec
lions of the state an alcoholic beverage
is already being offered for sale and that
the state officials are powerless to stop It,
The first case to be tried under this
head was that of Wade Goodwin. agent
for the brewing company at Manassas
Va. who was yesterday fined $50 by Mayor
Sinclair on a charge Of selling malt
beverage known "amberine. manu-
featured by the brewing company. An ap-
peal was noted and the case Will be
tried before Judge j. B. T. Thornton June
/ in the circuit court for Prince William
county.
Attorney Samuel G. Brent of Alexandria
represented the brewing company and the
prosecution was conducted by Attorney
Hutchinson of Manassas. said TO represent
the Anti-Saloon League. Mr.. Brent stated
last night that the mayors contention in
imposing the fine was that the beverage
could be sold In any portion of the state
except local option districts
What the cocker" Il.
Crandal Mackey, commemorative at
torney for Alexandria county, told a Star
reporter last night that the joker in the
bill has been found. and not only are
business men taking advantage Of 1t.
but it is possible that it will greatly in
terfere with the aspirations of the author
of the law.
1.-The Joker" said Mr.. Mackey to a Star
reporter. simply means that beer or a
similar preparation may be sold In any
part of the state. Even in Manassas.
where the people voted the town dry
short while ago the beverage may be
sold aand the state thereby deprived of
so much revenue"
Mr. Mackey said he realized that beer
ordinarily contains only about : per cent
alcohol although 1t may sometimes go
trifie higher and the fixing of the stand
ard of malt beverage at 21s' per cent
seems to give the privilege of selling
what might be termed mild beer. So
certain are the brewers that they can DO
business under the law. Mr.. Mackey
stated that some of them are already
taking advantage of it and are manufac-
turing a preparation which is to take
the place of the beer.
II am told he said, that the bev-
eragc that is being offered in the state
TODAY in the place of beer has the staste
OF beer but it takes greater quantity to
affect the .drinker."
Mr.. Mackey fears the joker may be
the means of making Alexandria county
hing other than a prohibition coun-
ty 1t may still be prohibition in name.
he saws but not in reality. although some
thing may eventually be done to straight
en- out the law.
Mackey Gives Notice.
A few days ago Mr. Mackey notified the
managers of brewery in the county that
the sale of beer at the brewery, to he de-
livered at the time of sale, would have to
cease His notice was to the effect that
the beer would have to be taken from the
state before it could even be delivered to
residents Of the county.
Il realize" he said. that the b9fwery.
people will load their beer on wagons
drive across the river and return. and tnen
set up the claim that they have computed
with the provisions of the interstate COIN
merce law"
Mr. Mackey says he intends to see TO
the enforcement of the law in his county
although he cannot prevent what the Ia"
permits.
Section 231a of the act is the one which.
it is argued grants the privilege to deal
ers to sell the alcoholic beverage II
reads:
THAT malt beverage within the meaning
of this section shall be construed to ne
the product of a brewing plant. or prev
cry, and shall, as to its composition. COM
ply with the standards now, or as may
hereafter be prescribed by the pure food
commissioner of the United States. but
be Notwithstanding, and in no event con-
tain in excess of ~. per cent in volume
of alcohol
Duties of Manufacturers.
The act prescribes the duties, of a man
ufacturer and imposes requirements re-
garding the operation of a brewery.
Since the law became effective a num-
Der of interesting questions have arisen
in different parts of the state. Some per
sons living in the vicinity of Winchester
thought it would be impossible to serve
wines at communion services in the
churches. Others thought they would be
prohibited from serving liquor to their
guests in their own homes. Both ques-
tions were recently settled by, Judge Har-
rison. it is stated. the judge hPlding there
was no provision of the law which could
be construed to interfere with the rights
of the church people with those who
wanted to entertain their friends.