The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1910-07-15
WILL HAVE TEST CASE IN NEAR
BEER MATTER
Franklin & Hayes and Commissioner
Wallis Agreed on This.--NO Near
Beer to be Sold in Meantime


Food Commissioner Jas. H. Wallis,
DR.. Geo. e. Hyde, president OF the
State Board of Health, and State
Deputy B. NJ. Larsen were in st.
Anthony in consultation with Mayor
Wood L. Miller and Chief of Police
Buchenau, relative TO the near-beer
situation in town. They came pre-
pared this time to confiscate the
goods, and take it away from the
dealers, but on arriving here were
met with a proposition from Frank
lin & Hayes, the Pocatello brewers,
to submit a test case to the courts,
and delay action until this was de-
cided. Commissioner Wallis agreed
to this providing Franklin & Hayes
would ship no more beer into the
county and make no more sales. This
was finally agreed to, and further
stipulation was entered into that one
of the kegs seized at ReXburg should
be opened, and six samples taken
therefrom, to be sent to the govern
ment chemists at Denver, Portland,
and Seattle, another to the State
Chemist at Boise, one to be turned
over to John Layman, representative
of Franklin & Hayes, and another to
be retained by DR.. Hyde, head of the
State Board of Health. This has
been done, and in the meantime the
dealers will be permitted to dispose
of the stock on hand If the returns
from these federal chemists show the
beer to be malt liquor, which the
brewers deny, then under the law it
is deemed to be intoxicating, irrse-
pective of the amount of alcohol it
contains and in addition it is mis-
branded, for the labels on both bot
ties and kegs read "a notwithstanding
beverage" The analysis made by
the State Chemist of every near-beer
sold in Idaho, with but one exception
shows them to be fermeted malt liz
uors, and with greater percentage
in alcohol than stated on the label.
Commissioner Wallis has been gath
ering up these samples for the past
four months, and few days ago re-
ceived certificates of analyses from
the State Chemist covering all these
samples. Among the brewers whose
beer has been analysed, are the fo.-
lowing: Becker Brewing Co., Ogden,
Utah; Idaho Falls Brewing Co., Ida
no Falls, Idoho; Salt Lake Brewing
Co., Salt Lake City, Utah; A. Fisher
Brewing Co., Salt Lake City, Utah;
Franklin & Hayes, Pocatello, Idaho;
Jos. Cchlitz Brewing Co., Milwaukee,
Wis. Crescent Brewing Co., Nampa,
Idaho. 1t has been charged that the
action of Commissioner Wallis has
been prompted by Gov. Brady in his
desire to even up scores with Bob
Hayes, of Pocatello. Mr.. Wallis said:
You can give the lie to such re-
port, which l never heard of until
today. There is no politics in any of
my work. l am trying to give the
people square deal in this work, as
in everything else. When brewer
puts an intoxicating beverage on the
market with a false and misleading
label reading "A Temperance Drink"
then he is going to answer in the
courts, for these near-beers are being
sold to our children in ice cream par
lors and from soda water fountains
in drug stores. AS to Governor Brady
having a hand in this work, 1t is all
false. The Governor has never had
anything to do with my work since /
started. 1t is true he stands sQuarely
on temperance platform, and un-
doubleday endorser what am doing,
like all good citizens should; but
when he is charged with prompting
this work so as to even up old scores
with a former political worker then
he is being misrepresented. The fact
that all brewers suffer alike is suffi-
cent answer to such charge. In On