The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-13
MISSISSIPPI HAS
NEAR BEER TROUBLES
Seems To Be Misconception of
Recent Decision
RUSSIAN JEWS RECORD
Full-HatiesburG Is Working
Hard To Secure the state
Normal College

jackson. Miss, June 12-(Special)-
Judging from the way in which near
beer" establishments are multiplying over
the state there must be some misconcep-
ton as tos the meaning of the supreme
court decision in the Fuller case, ap-
pealed from Kinds county, and a more
explicit diagnosis may serve to keep some
good and law abiding person out of jail.
1t should be remembered that there
were two cases against Fuller. In ono
IT. had been agreed by counsel In the
court below that Fuller sold "brewett,"
a drink that was found to contain only
IL per cent of alcohol. The other drink
contained more than per cent of alco-
hol. The prosecuting attorney in the
lower court agreed that the "brewett'
would not intoxicate If drunk to excess,
and 1t was not proven that the other
drink would do so, but the circuit Judge
Instructed the jury that If one or both
the drinks contained any particle OF al
cohol they were to convict, whether they
would intoxicate IL drunk to excess or not
The defense excepted to that ruling and
cution had been under section 1746 of
the code, which reads: IF any person
shall sell or bartar, or give away to H.
duce trade, or keep for sale or barter or
to be given away to induce trade, any
vinous, alcoholic, malt, intoxicating, or
spurious liquors. or intoxicating bitters
o1 other drinks, which if drank to ex-
cess will nroduco ipfavioot ior ato'
! The supreme court held that it was not
necessary for the state to prove that
liquors commonly known to be intoxicat-
ing-such as wine, beer, ale, porter, al
cohol, whisky, gin, rum, brandy, ETC..
are Intoxicating, but as to all others it
was necessary SO to prove, and as the
lower court had failed to do SO in the
F uiler case there should have been no
conviction. Here is where dealers In
near beer are going to get in trouble, If
they are not particular. They will handle
drink that will intoxicate when drunk
TO excess, and once 1t is proven on them
| they will be made to suffer the penalty
| of the law against intoxicants
| The legislative idea was to prevent and
not after prohibiting the sale of such
stuff as contains only 10 per cent of al
cohol for the simple reason that no man
could get himself on the outside of
sufficient quantity of that to make him
drunk If he tried
However, there are many brands of near
beer being sold that do make drunk
come, and they are the popular brands
Close watch will be kept on all dealers
in many of the towns of the state and
| If they are caught with a drink that
will intoxicate they will be prosecuted
to the full extent of the law.
The charter of Incorporation of the Con
tinental Bank and Trust company, domi-
ciled at Clarksdale, has been filed here
for record. The capital stock of the new
concern is placed at $25o.ooO and as the
ircorporators are members of the levee
board and their friends, 1t is supposed
that the new bank will be prepared to
bid on the funds of the levee board and
have itself elected as the depository for
the moneys f.that great enterprise.
Among the graduates of Millsaps col
lege last week was Morris Strom. young
Russian Jew, who has made a remark
able record. Young Strom left his birth
ago because of the oppression of his peo-
pie, and in due course OF time arrived In
this county. He secured employment at
Edwards as clerk in a store, working
one year. saving his money, and then en-
tered the freshman class at Millsaps. On
his arrival here he could not speak a
word of English. but in four years has
graduated with honors and Is one of the
best equipped young men in the state.
he foot hat
o. the most difficult prizes given by the
co1lege-for the best paper on political
science and also the best literary paper
stamps him as a scholar OF no mean
merit. Never before in the 10 years his
tory of Millsaps has the same student
captured these two prizes.
Mr.. Strom announces that he will spend
at least two years practicing pharmacy,
at the end of which time he hopes to
have saved sufficient money to attend
one of the foremost MEDICAL colleges In
the land with view to making a physi-
clan of himself.
The school book commission Is still
wrestling with the proposition as to wha,
books to be contracted for during the
next five years. If any selections have
teen made the public has not been let
irto the secret. and will not be. 1t Is
UNDERSTOOD, till the commission snail have
completed the work In hand. Scores OF
representatives of text book publishins
houses are here-some of them having
10 or 10 looking after their interests.
Bishop w. B. -Murrah of the Methods;
Episcopal church, south. was rendered q
reception last night at the elegant home
of w. H. Watkins on state street and
Hundreds Of the more prominent citizens
:. of the town called to congratulate him
and to express their great satisfaction al
the selection made by the recent genera
conference. Bishop and Mrs. Murrah are
, both great favorites in jackson and theil
: determination to continue to make this
! city their home is universally Endorsed
not only by Methodists but by those 81
all other denominations.
/ Clay Sharkey of this city, who is treas
: urer of the Confederate Womens Monu
) snent fund, states that he has Just re-
: ceived a check from Charles Scott o.
5 Rosedale for $40. 05. the contribution made
by the citizens Of that little town t.
this noble purpose-the building of g
towering monument to the brave wome:
OF the confederacy.
The wide-awake city of Hattiesburg :.
right after the State Normal college, ant
, the chances are that 1t will be located
there. Hattiesburg took time by the fore
lock. when the legislature authorized TIN
: establishment of the normal, in securin,
the passage of a bill authorizing ths
city and county to issue bonds for tn
: purpose of building the college. TIL,
consequence is that Hattiesburg is nov
=