The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1912-05-17
District Attorney Ford Writes
Open Letter To The Editor
Of The Democrat Star.
NO CHANGE HAS BEEN MADE
FROM EXISTING STATUTES
Sale Of Any Beverage With
Trace Of Alcohol Is Unlawful
Law Is Merely A
Revenue Measure.

| Throughout certain parts OF the
state, according to Information from
Jackson, there are and have been
numerous applications for "near-
| beer" licenses. and this is said to be
particularly The case In certain river
and seaport cities AS far a. ascer-
tanned or aScertainable. no applica
lions have been for snch licenses from
this particular territory.
Because Of these numerous applica-
tions, and the general discussion
caused thereby, there appearing 10
be rather general misunderstanding
or misapprefension as to the meaning
OF the law enacted by the late legisla-
ture, District Attorney Ebb j. Ford
has Interpreted the meaning Of the
statutes for the benefit OF the press
OF his district The following com
municatiOn has been received from
Mr.. Ford in connection with the
''near beer" licenses and the interpre-
taton that is To be placed upon the
law:
Editor Democrat-Star:-
Judging from the number Of april
cations for "near- beer" licenses, 1t
seems that there il an flea prevalent
that the legislature has legallzed the
sale OF beverage. which contain al
cohol Nothing c,uld ne further
from the truth than this misspppre-
tension
REVENUE LA W.
AT the recent session Of the legisia
ture revenue law was passed impp>
ing privilege tax ~ $500 on vendors
OF beverages which simulate In taste
or quality beer, or, in other words.
Imposing tax on NEAR beer" The
act referred To also provided by ex-
press mcntina that this act should
not legalize the sale Of anything, the
sale OF which is unlawful under exist
ing statutes. Nov. under existing
statutes, it Is unlawful to sell any
malt, vinous, spiritu0uS or intoxicat
Ing liquors. 1t Is evident, therefore.
that the sn.caled ''near beer" law OF
1919 did not eealize the sale Of any
malt, vinous, spiritunus or intoxcat-
ing liquors.
Then what did LhesIaw OF 1912 do?
IL Simply levied "a 'lieavy tax IN the
sale OF any beverage which resembles
beer. l the article sold is in reality
beer or other drink, the drinking OF
which tn excess would produce intoxi-
cation, then the sale Of it Is still
unlawful.
Under this view Of the law persons
who have taken out ''near beer' H.
censes under the impression that
they could sell beer, or anything con-
tanning percentage Of alcohol, have
expended their money to no purpose
The public is therefore notified that
prosecution will be Instituted against
anyone selling beer, or beverages con-
tanning alcohol. Furthermore, that
the places operating under near
beer" licenses will be visited perodi
cally by the officers and samples OF
the beverage sold taken and subject
ed to chem cal analysis for the pur.
pose Of ascsI tainlng whether or not
the beverage sud is unlawful. If it
be found thai the beverage contains
percentage OF alcohol, prosecu ion for
the unlawful sale Of Intoxicating
liquor will he instituted.
COURTS DISCUSSION.
The latest decision of the Mssis-
slppi supreme court on the subject OF
what constitutes an Intoxicating |
liquor under the terms Of the statute, |
Is the case OF Fuller VS.. City OF Jack
SOD, 50 So. page S76, ct seq, wherein
the subject was literally discussed. |
The court held that the sale OF any
Vinous, malt or spirituous liquor Is
unlawful under the statute, irrespec-
NV VI WV diIbubu vi ui1OIOi Iph-
tained. 1t held further that bever.
age other than the ones specified is
when such beverage con-
Jans as much as one half OF one per
cent Of alcohol. Therefore, under
The law existing in this state, it Is
To sell any malt, vinous or
'prituous liquors at all, and further
more it is unlawful to sell any drink
which contains as much as one half Of
me per cent OF alcohol
The above is written to indicate
he attitude that the officers OF the
aw will observe relative to the sale
II "near-beer," and it is hoped that
hose who have taken out 'near-beer'
licenses under the impression that
here has been any change in the law
elatise to the sale of liquors, may be
from their Misrepresentation.
Respectfully,
Z. ]. FORD,
fay 10, 1912 District Attorney.