The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-05-19
MUST PROVE BEER
MAKES MEN DRUNK
New Obstacle Found In Prohi-
bitten Enforcement
CHIEF NOW IN DILEMMA
Analysis Showed Beer Contained 4
Per Cent Alcohol, But Judge Feasln
Says They Must Show 1t VIII
f'7sProduce Drunkenness.
CHIEF NOW IN DILEMMA

A man that can swear and prove that
beer will make him drunk can find
warm spot for himself in the hearts of
Birmingham's police commissioners
His appearance would cause the same
Joy to the commissioners as would the
sight of a good fairy to small boy, as
he would prove a bridge across another
chasm, which has suddenly yawned be-
fore the police commission in its effort to
enforce the prohibition laws.
This chasm is another distinct feature
in the prohibition enforcement question.
1t arose yesterday afternoon when num-
her Of the recent arrests made by the po-
lice plain clothes squad came UP for a
hearing before Judge Feagin and caused
quite a little argument between Chlef
Bodeker and the recorder.
The evidence as presented by Chief
Bodekers men showed the sale, while an
analysis of the beer made by Chemist
Williams showed the percentage of al
cohol in the beverage to run anywhere
from to 4.25 per cent. In previous cases
2 per cent alcohol has been considered the
drawing line between beer and near-beer,
but in these cases Judge Feagin demand
ed a straight hewing to the law and de-
manded that the police present witness
who could swear that the beer presented
as evidence would make him drunk. The
prohibition act names no per cent, but
says st shall be unlawful to sell or give
away any spurious, malt or vinous
liquors, which, If drunk to excess, will
cause intoxication"
Chief Bodeker did not agree with Judge
Feagln and slight tilt arose between
the two men. you are asking that we
do Just what we are attempting to break
up" said the chief, but Judge Feagin
remained firm and stated that he would
give the police department day or two
in which to gather this additional evt
dence.
When asked about the matter last night
Chief Bodeker stated that he hardly knew
what course to pursue under the circum-
stances as his officers had done every
thing they possibly could to secure full
evidence TT will be an impossbility for
me to get man who will visit the sus-
pected places and become beastly drunk,
then go and swear that the beer pur-
chased at the place will make him drunk.
In this we would also be openly violating
the law ourselves. We had the beer an
alyzed before the trial by reliable chem
list and the result showed it to contain
a percentage of alcohol equal to the
strongest beers on the market
1--WE will continue to make arrests,
however, in the same manner in which
we have made these others, and the mat
ter will be entirely up to the judge. With
the present ruling, however, there is no
hope for us to secure conviction"
Judge Feagin's ruling created quite
sensation and the defendants showed ex-
IRENE joy over it. 1t presented an en-
tirely new phase OF the prohibition fight
and it was the consensus of opinion
among men on both sides of the issue
that 1t practically killed any chance for
conviction.
Chemist Williams testified as to the
percentage of alcohol contained in the
beer analysed by him. BUT stated that he
could not say whether it would make
man drunk. This was followed by Judge
Feagin demanding that evidence be pre-
scented showing that 1t would intoxicate
a person If drunk to excess.
Officers making the arrests we're Burge,
Cornett. Jones. Shirley, Taylor, Simmons,
DeRamus and Gray. About 20 arrests
have been made altogether during the
past three days, bonds having been made
in each case.
The following men composed the group
who appeared before Judge Feagin yes
terday:
Fl. 8. Worthy, Twenty sixth street and
Fourth avenue. north.
N. D. Lacey, 40 North Twenty-sixth
street
E. McGrail, Twenty-second street and
Second avenue, north
L. X Arnold, Twenty sixth street and
Second avenue, north.
Lille Tuck (colored), Eighteenth street
and First avenue, north.
Frank lighthouse, Twenty-sixth street.
north, between Fourth and Fifth avenues.
Dune Courson, Avenue B and Twenty
fourI reet. south.
Tqf CISCO. Eighteenth street, south,
and me H
Jim o Hara, Thirteenth street, south.
and Avenue B.
Pat o'Hara. Twelfth street, south, and
Avenue e.
j. R. Bellamy, Fourteenth street and
Second avenue, north.
Charlie Gary (colored Nineteenth
street and Ninth avenue north.