The Cairo bulletin., 1909-11-08
COURTS DIVIDE
ON FULLER LAW
SOME JUDGES HOLD THAT DO
MESTiC WINE CAN NO
LONGER BE MAZE.
OTHERS HOLD IT CAN
Believing Prohibition Law Did Not
Contemplate Making Alabama
House Wives Cease Manu-
featuring Wine.

! Montgomery, Ala, Nov. Nothing
moro convincingly illustrates the
divided state of public opinion on the
prohibition question than the attitude
OF the trial judges Oh the interpreta
tion of the Fuller law with regard to
| the making of wine in the homes OF
the state. Some of the best men on
the circuit court bench contend that
the making of any drink or product
of this class with more than u of
| per cent alcohol is violation of the
act others, equally as prominent
take the other view.
Judge Alto Lee of Gadsden was
among the first to take stand
charging his jury that there was no
reason to indict where wine was
made for home use, and in the man
ner so long employed by the heads of
country homes He took the liberal
| view that no such thing was CON
templated in the act. and he saw
reason to read such prohibition into
! it. Judge S. b. Brown, in the Bad
win circuit court, took the other p0-
sition. saying to his jury that if any
passing OF the Fuller bill it was the
duty Of the body to find an indict-
ment
Judge J. c. Richardson of the Third
1 at fyN11 4 it, la ne II. .Ifn
Lee, but Judge A. II. Aston, super
lnumcrary, comes along and finds
even more than his colleague on the
gulf coast, declaring to a North Ala
bama jury that they must indict for
waking wine or any drink with more
than the Y Of per cent alcohol and
also holding that intoxicants can not
be served even in ones own home
save in fulf view Of the street and
the people who may be passing. This
last Interpretation surprised even the
ultra antis.
Judges Are Correct
There does not seem any doubt in
| the mind of the average man that
those judges who hold the making of
wine violation of the bill are correct
| in their views. On the other hand
! the position accredited to Judge Ais
ton with regard to drinking in the
home is not thought to be one that
will be upheld, although such a sug.
gestion might be found in the meas
lure. Early speakers for the amend
ment ard further prohibition enact
ments contended against the wine
prohibition idea, but lately they have
tacitly agreed that this is fair view
to take of it.
Col. II S. d. Mallory, running for
governor on the amendment ticket. in
a recent speech said that after all he
lhad heard none of the women com
planning, so he guessed it was all
right, The men, ne said, had done
the kicking, the women being willing
| to deprive themselves of inis article
of family use for the sake of getting
the general prohibition program more
firmly established.
All Of which makes a question of
| the law worth while. as a matter of
information. Here it is. or that part
of it: 'And other drinks. liquors or
beverages, containing one-half of one
| per cent of alcohol. or more .;
or any liquors or liquids manufac-
tured or sold or otherwise disposed of
for beverage purposes containing said
amount Of one.half Of one per cent
alcohol or more; any intoxicating bit
ters or beverages by whatever name
called This would seem to be final
with regard to wines, as there is no.
where an exception noted in their
| favor,
| -----