Arizona republican., 1912-12-17
ARIZONA F|zZ
 INTOXICATING
Judge Thomas So Rules After Hearing the Testi- mony of Man Who Said He Got Drunk on Two Per Cent

Arizona fizz is intoxicating and it's sale in Phoenix on Sunday cOnsti- tutes a violation of city ordinance. The fact that the bottles containing the celebrated beverage bear labels announcing that the connection con- tains less than two per cent alcohol, does not alter the fact that like or dinary beer the properties are present the legs wobbly Simply because q little greater quantity is required to attain a state of inebriacy, does not in the least remove the fact that it's use ultimately results in precisely the same effect as the use of acknowl- edged beer.
 This was in substances the decision Of Police Judge Frank Thomas in court yesterday, and the admission by Joe Filsetti that he sold Arizona fizz on Sunday brought about the imposition of a fine of s100, or in lieu thereof 100 days in the city jail. The case was closed and the fine i'm posd before Filsetti had awakened to a realization of the real purpOrt of the proceedings. After the judge had left the bench, Fisetti announced that he would bring witnesses Tues day afternoon to fight the case. When a check for $100 had been de- posted by a local wholesaler, Judge Thomas, reached over the telephone, agreed that he would be willing to hear the witnesses, which in effect amounted to a reOpening of the case. The entire affair grew out of the arrest on Sunday of William R. Mi chaels. Policeman Egly swore that Michaels was drunk. so drunk that it was a kindness to lock him up for safe keeping. Michaels pleaded guilty ] to being intoxicated. Early in the l day he had revealed to the police that he purchased his intoxicant at | the Porto Rico house, conducted by 1 Filsetti Chief Moore went down 1 there and secured a few samples of the goods Filsetti was offering for
 sale. Two bottles of Arizona fizz'' 1 and one of Budweiser were confis- l cated as evidence. Filsetti admitted l that he was doing a good business 1 selling the fizz at 15 cents per pint i bottle. but stated that the Budweiser was kept on hand for private con- | sumption and was never offered for i sale. That admission was fatal Michaels, who had been fined B l for being drunk, took the stand and I swore that he had drunk four or five l bottles of the fizz and that it was | due to this fact that he became in l toxicated. F'ilsetti admitted selling the fizz, but expressed surprise that | it had made Michaels drunk. He | even intimated that he believed that l Michaels might have been afflicted l with hold over jag from Saturday l night.
 | In admitting the sale of the all l legged two-per cent fizz, Filsetti told the court that he had been advised
 by a justice of the peace, as well as an attorney that he would be vio- lating no law if he engaged in it's sale. Sam Boone was sworn during the progress of the case and in re- sponse to questions from Acting City l Attorney Cassidy stated that he had seen Budweiser sold at Filsettis place This evidence. however, was not taken into consideration by the
 court in forming his opinion.
 Boone who is being held for the
 county on a burglary charge. could
 not state the exact date upon which
 the admitted beer was sold in his
 presence.
 In filing a check for s100 to pro-
 tect the court in the matter of tho
 fine already imposed, the wholesalei
 who came to the rescue of Filsetti
 announced tha an appeal would bt
 taken in order to test the cOnsti-
 nationality of the ordinance under l which the case had been brought ant l upon which the court based it's righ ] to act. In the meantime wonder i. l expressed as to just what Filsetti ex | poets to show by the witnesses h. l will produce today.