The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-11-08
COURTS DIVIDE
ON FULLER LAW
DOMESTIC WINE CAN NO
LONGER BE MADE.
Law Did Not Contemplate Making
Alabama House Wives Cease
- Manufacturing Wine.
OTHERS HOLD THAT 1T CAN.

Montgomery. Ala, Nov. S.-Noth-
ing more convincing illustrates the
divided state OF public opinion on
the prohibition question than the at
titude OF the trial judges on the in
depreciation 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 Y OF per cent alcohol
Is a violation OF the act; others,
equally as prominent, take the other
view.
Judge Alto Lee, OF Gladsden. was
among the first to take a 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. lie took the liberal
view that no such thing was con
templated in the act, and he saw
reason to read such prohibition into
Il. Judge S. b. Brown. In the Bald
win circuit court, took the other po-
sltlon. saying to his jury that II any
housewife had made wine since the
passing OF the Fuller bill il was the
duty OF the body to find an indict-
ment
Judge ]. c. Richardson. Of the
third circalt followed in the lead OF
Judge Lee. but Judge A. II. Aston.
supernumerary. comes along and
finds even more than his colleague
on the gulf coast, declaring to a
North Alabama Jury that they must
lndict for making wine or any drink
with more than the Y OF per cent
alcohol. and also holding that lntox-
I lcants cannot be served even In ones
own home save I'm full view OF the
street and the people VINO may be
passing. This last Interpretation sur
prlsed 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 a violation OF the bill are correct
I In their views. on the other hand,
the position accredited TO Judge Ais
ton with regard 10 drinking In the
home Is not thought TO be one that
will be upheld, although such a sug
ecstion might be found In the meas
ure. Early speakers for the amend
ment and further prohibition enact
ments contended against the wine
prohibition idea. but lately they have
tacitly agreed that this is a fair view
to take OF Il.
Col n. s. ID. Mallory, running for
governor on the amendment ticket, In
recent speech said that after all he
had heard none of the woman com
planning. so he guessed Il was all
right. The men, he said, had done
the kicking. the women being willing
/ to DEPRIVE themselves OF this 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 II Is, or that part
/ of Il: "And other drinks, liquors or
beverages. containing one-half OF one
per cent. OF alcohol, or more .;
or any liquors or liquids manufac-
turcd or sold or otherwise disposed OF
for beverage purposes containing said
amount of ono-half Of one per cent.
alcohol or more; any intoxicating bit
tiers 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.