The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-07

and other drastic prohibition bills, as
well as of the ngoposed constitutional
amendmen0 had Stated in Talladega last
Saturday that wine could be made under
the proposed amendment at ones home,
but his reasons for making such state
ment differ entirely from those given by
Judge Lee and indorsed by Judge Inzer
As I understood Judge Lees charge to
the grand jury in which Judge liner con-
eurs) il was based upon the proposition
that in order to constitute a manufacture
there must be an intent to sell the result
ing product from the very inception of
the idea of making the wine until its COM
plete fruition in the form of the manu-
featured product, otherwise the wine is
not manufactured; in other words, there
must be coupled with the making of the
wine an intention to traffic in the same
after 1t is made
In Holden VS.. Clancy, IS Barb. IN. W
$50, the court said: "A manufacture is
defined as the process of making any
thing by art, or of reducing materials into
a form fit for use by the hand or machin-
cry and it seems to imply a proceeding
wherein the object or intention is to pro-
duce the article in question"
Mark the words, "a proceeding wherein
the object or intention is TO produce the
article in question" Not wherein the OBJ
ject or intention is to produce the article
in question for the purpose of sale
If have correctly interpreted the reas-
oning of Judge Lee upon which his
ed ;c oh, nj
logical sensible, in line with precedents
or in sympathy with either the Car
michael or Fuller bills, or even the pro-
posed constitutional amendment? l an
swer. decidedly not
One of the purposes of the Carmichael
bill as expressed in its title is Ito dis
courage the use and consumption of al
cohol, alcoholic, spurious, vinous, malt,
brewed and fermented liquors, liquids,
bitters and beverages defined and set forth
in the act and" substitutes or devices
therefor; and to prohibit the manufacture,
sale, offering for sale, keeping or having
in possession for sale of the SAID
liquors, liquids and beverages" etc.
Section of the Carmichael bill provides
that the term prohibited liquors and
beverages" shall include and be deemed to
embrace the following: Cd Nlh-
Gus liquors and beverages.
BY Section it is provided that it shall
he unlawful for any person with
in the state to manufacture, sell
prohibited liquors and beverages described
in Section | of this act, or any or them,
in any quantity" etc.
And Section I of that act reeites, that
this act shall be literally construed SO
as to accomplish the purpose thereof
which is to promote temperance and re-
duce and discourage the use and con-
sumption of the said prohibited liquors
and beverages described in this act etc.
And the 12O00-word Fuller bill provides
punishment for the manufacture of as
we'll as the sale of the prohibited
liquors enumerated in Section l of the
Carmichael act and not alone the joint
manufacture and sale.
Section of the Carmichael bill defines
the terms retail dealer in liquors.
wholesale dealers in liquors. retail
dealer in malt liquors. wholesale dealer
i'm malt liquors, brewer and "distiller,
hut fails entirely to define the meaning
of the word manufacture This being
so. the rule enunciated in In re Capital
Publishing Co., 3 Macarthur ID. CD 4CS,
that words in a statute are to be taken
in their ordinary and familiar significa-
ton, and regard is to be had to their
general and popular use, and the court
will presume that they were used to ex=
press their meaning In common usage
applies
Therefore it seems proper at this point
to see how the word manufacture" Is de-
fined In its general and popular use.
Webster defines the word "manufac-
ture" to be "the operation of making
wares of any kind, the process of reduc-
ing raw materials to a form suitable for
use, by the hands, by art, or by machin-
cry"
The Office Standard Dictionary defines
manufacturer as follows ITO form or
make into something; to engage in pro-
ducng something by industrial art"
'Manufacture" is defined by Bowler as
"a term which is used to denote whatever
is made directly by the hand of man,
or Indirectly through the fundamentally
of any machinery which is controlled by
human power"
In Brandes Encyclopaedia. 'manufac-
ture" is defined: 1.-THE term employed to