The Birmingham age-herald., 1909-06-25
.PICNICKERS MUST NOT USE REAL BEER Near Beer Is Only Thing the
 Law Will Allow
PLANS FOR INAUGURATION
Joint Committee of House and Senate Has Been Appointed to Arrange for Inauguration of Governor
 Brown.

Atlanta. June 24-(Speeial)-It appears that real beer and other intoxicants are not permissible at a barbecue, accord Ing to a letter which Attorney General John c. Hart has written. informally. in reply to an interesting inquiry from union No. 193 of the Brotherhood of Painters. Decorators and Paperhangers of Atlanta.
 Recording Secretary J. c. Riley made the inquiry of Attori V General Hart in the following interesting letter:
 'lAy Dear Sir: As a general custom all lodges. unions, cts, generally hold pie nics or barbecues once a year at some place near the c'ty. But since the pro- hibition law has gone into effect, it seems that only certain people are allowed to hold these picnics or barbecues. Another law has also gone into effect, viz: no per son can drink on highways, etc.
 The painters desire in the near future to hold picnic and have some barbecued meats. Brunswick stew, near beer and such things to eat and drink that are necessary in order to have good time and I am instructed to write and ask you for the law on the matter We do not want and do not intend to hold any Irish wake nor have a drunken brawl. but simply to have something to eat and drink and have a good time. Will this be against the law and can the county police arrest us if we hold this picnic or barbecue?
 wishing an early reply. Yours frater- nally. ". c. RILEY,
 Recording Secretary"
 TA reply that while there can be no possible objection to the barbecue and Bruns- wick stew. not only the painters but all other picnicl5ers, will have to go slow as to drinkables containing alcohol Judge Hart replied to MT. Riley as follows:
 Dear Sir; Replying to your letter of the Fist inst. which I do unofficiallY, for I do not understand that you have inv oked my official opinion, nor could rem der one even were it invoked in matters of this character and in this way
 T note that it is the purpose of the Brotherhood of Painters to give a barbe- cuee at an early date and, in the opin- ion of the brotherhood, to eat and drink are necessary to have a good time I note you say you do not intend to hold any Irish wake nor have drunken brawl, but simply to have something to eat and drink Your inquiry is will this be against the lawT There is nothing in the law against having a barbecue and serving something to eat thereat In fact 1t would not be barbecue unless something to eat had first meen provided. Nor is there anything in the law against having a good time. Nor is there any thing in the law against having some things to drink, provided always that it is not a beverage which, If drunk to ex- cess. will produce intoxication. The law does prohibit that. I could not advise myself whether near beer Is intoxicating, never having drunk any. If 1t produces intoxication if drunk to excess it is for bidden by law to be kept in a public place. Whether or not 1t produces intoxi- cation is a question of fact which, as stated, I am not in a position to judge Yours very truly JOHN c. HART"