The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-08-28
Strong Effort Being Made to
Drive Them Out of the
Indiana Market.
BARNARD MAKING TESTS
HAS GATHERED SAMPLES FROM
ALL OVER THE STATE TO AS
CERTAIN WHAT - CONTAINED
IN THE DRINKS.


strong effort is being made by the
temperance forces of the state to
drive the near beers out OF the mar
ket. This was tried when near beer
first appeared after the local option
law went into effect. but there was SO
much difficulty in obtaining convic-
tons in some Of the counties. that it
became almost impossible to do any
thing. Some of the courts held that 1t
was legal and others said II was an
illegal beverage. The ground of OBJ
lection was that il was made OF malt.
and this. it was pointed out. made 1t
illegal because the law forbids the
sale of spurious, vinous or malt liQ-
uors without a license. On the other
hand It was commended that the near
therefore, its sale was not prohibited
by law. The temperance people met
this objection by saying that the law
prohibited the sale of malt liquors.
no matter whether they were intoxi-
eating liquors or not. and that since
near beer was made of malt its sale
was illegal.
Barnard 10 Working.
In the last few weeks H. E. Barnard,
state food and drug commissioner.
has been making elaborate tests Of
near beer samples gathered from all
parts Of the state. in order to ascertain
Just what they do contain. The state
board of health has not taken any
stand one way or the other with re-
gard to the question of whether sell
lers of near beer can be prosecuted
for violations Of the liquor laws, and
the tests were not made with that end
in view. The board is not seeking to
furnish evidence for prosecutions Of
these dealers. 1t merely wishes to
find out whether the near beer Is a
wholesome beverage and what 1t Is
made Of.
Mr.. Barnard will make his report on
his analyses in the next issue OF the
Bulletin of the State Board Of Health.
The report will show that every sam
pie of near beer except one which
was analyzed by him contained malt
or maltese. One sample. manufactur-
ed in Indianapolis. did not contain
either malt or maltese Maltese is
defined as being made by sleeping
barley in hot water and drying it in
a kiln. 1t is question whether near
beer made in this manner and b. this
process is a malt LIQUOR in the eyes
Of the law. and this is a question that
will have to be settled By the courts.
Used as Evidence.
Mr.. Barnard says he does not intend
to try to determine it. 1t Is believed.
however. that when the temperance
people get ready to make their fresh
onslaught on near beer. which is in
contemplation. they will make use OF
the results of the ANALYSES made in
the state laboratory to show that near
beer is a malt beverage. They will
also argue that since the near beer
contains small percentage of alco-
hol it Is an intoxicating drink. and
that. therefore. it is prohibited by the
law in dry territory and cannot be
sold by any person without a license.
Mr.. Barnard, however. contends that
the small percent of alcohol contained
in 1t is not intoxicating or harmful.
and that 1t makes the near bee- a
wholesome beverage. The temper
ance people, however. insist that the
presence of even a small bit of alcohol
for the purpose of preserving the near
beer and keeping il from spelling Is a
bad thing in wet territory as well as In
dry territory, because 1t is sold to
children as well as grown people. and
that it may cultivate an appetite for
strong drink.
As to Social Clubs.
Attorney General Bingham is look.
ing in to the question of the right Of
the social clubs to supply liquor to
their members. These clubs have been
formed in dry counties SO that mem.
bers may have a place where they can
drink beer which each member buys
for himself direct from the brewery
| in case lots. The club does not dare
to sell the beer to its members or to
any other persons. but member may
buy a quantity of beer and place it in
the club in the care Of a manager, and
whenever he wishes a drink he can
i go there and get drink of his own
beer.
| Attorney General Bingham is not
sure that a club can be incorporated
for any such purpose. He says he
doubts If corporation has any right
to undertake to get around the local
option law in that way. and he pro
poses to look up the law and probably
ne will file a test case In court to set
tie the question Such suit would be
one to annui the charter OF a club.