The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-26

the supreme court Of the United
States.
Nowhere in the Wisconsin decision
did the court hold that the sale
within the states of said individual
packages pr containers by the retail
ers, that constitute the interstate
commerce package, nor does the Unit
ed States supreme court maintain such
a proposition for congress has not in
the national food law extended juris-
diction to such sales.
Temperance Beers and Prohibition.
The department is frequently asked
as to whether certain so-called tenn
perance beverages, beers, may be sold.
violation of the prohibition,
law. This is a matter with which his
department has nothing to do. and is
not wholly familiar with the require
|ments of the prohibition law ais we
have made no special study of this
phase of the question. The depart
ment has. therefore, found it neces-
sary to reply through ~aSgeneral circu-
lar letter as follows:
Temperatures Beverages-Prohibitjon.
There is hardly a day that goes by
but what the writer is asked for in
formation as to whether certain so
called temperance" beverages may be
legally sold without danger of prose-
/ "a v AsIAl0 AM Or IR
prohibition law.
This is a question that the food
commissioner cannot ansS Ell. He has
nothing to do with the enforcement of
the prohibition law. His work has
only to do with the purity of the prod
ucts sold in the state, and to see that
all beverages, Of whatever type, that
may be sold or shipped into the state
of North Dakota, are registered to COM
4 nIvG ryffI% fha q ~ Ca,i,.a - !. - 49, 49,.
erage law and that they are free from
adulteration and deleterious ingredi-
ents.
If you desire information with re-
!, gard to the prohibition law. then YOU
should consult your local officials
Your states attorney, or others who
have to do with the enforcement OF
this law.
Several of the beverages put out by
~so-called temperance firms contain
little or no alcohol: some less than
Ito OF 1 per cent some less thar b
per cent; some contain from 1 to 1M
per cent; therefore, most, OF these are
classed as Notwithstanding beverages.
1t is a different question with regard
to whether these products are to be
considered as malt liquors, or as sub
stitutes for beers, under which pro-
Visions. according to the prohibition
law, some of these products might be
I~conSfdered as prohibited.
The writer can tell you whether OF
not beverages are registered for sale
In h state, and whether the guaran-
tee calls for a product Of a certain al
cohoiic strength but he cannot SAY
that the products under that label are
always what they are represented IL
be, for there are firms, who produce
so-called temperance beverages whe
are as willing to Ike chances on .
high alcoholic content as are some 81
the blind-piggers.
Therefore. as food commissioner
The writer must positively decline tc
pass upon the question as to whether
or not any particular beverage III tc
be considered in violation OF the pro.
visions OF the prohibition law OF the
state, since this question is one that Ii
best passed upon by the courts, and
not subject to Interpretation by Other
state officials. SSignedl q. +. Ladd
commissioned.