The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-07-17

neTeOIs TO prescribe peudtties, anu AVE
other purposes.
Section I. From and after the Arst
day of January next, after the pas
sage of this act, 1t shall not be lawful
for any person within tlfe limits OF
this State to sell or barter for val
liable consideration. either directly or
indirectly, or give away to induce
trade at any place of business. or keep
or furnish at any other public place.
or manufacture or keep on hand at
their place OF business any alcoholic,
spirituous. malt, or INTOXICATING
LIQUORS, OR INTOXICATING BIT
TIERS. OR OTHER DRINKS, WHICH
IF DRUNK TO EXCESS, WILL PRO.
DUCE INTOXfCAT1ON, and any per-
son so offending shall be guilty OF
misdemeanor and shall he punished
as prescribed in section 1899 Of the
penal code of Georgia. Nor shall 1t
be lawful In the limits of said State
for intoxicating liquors to he sold In
dispensaries. and the sale of intoxi-
eating liquors in said State shall be
prohibited to private persons and to
the State, its officers and agents"
The second section Is in reference
to- the doctors prescriptions.
This law. while strong In many
WAYS, has one weak and uncertain
point. and 1t is this weak point that
is largely responsible for shortcom-
ings In the Statewide record. 1n-
mediately after the adoption of the
prohibition measure, saloon proprte-
tors began TO sell near beer. Some
of them. It Is said, had made arrange
ments TO this end long before the Jaw
went into effect On the very morning
that the temperance decree was apply
ca BILE, they were at their old stands
dispensing a liquor OF watery quality
with the color and foam OF beer,
When questions as to the legality of
such procedure they pointed to the
passage in the law which says, AN
act to prohibit the manufacture. sale,
etc, OF any alcoholic, spirituous, malt,
or intoxicating liquors or hitters, or
other drinks. which II drunk to ex-
cess will produce intoxieation" With
vigorous assistance they pronounced
the beverage sold by them beer OF
the near variety, and a test case
taken to the Supreme court, resulted
in favor of their contention. the court
holding that evidence was not stuff
cient TO show that the beer" handled
blythe saloon men contained enough
alcohol to produce drunkenness. The
court. or members of the court, inti-
mated causally. SO / am told, that any
liquor containing four per cent or
more of ale ,hol would be regarded by
them as clearly Intoxicating.
In this way broad avenue was
opened for the establishment and
operation, within the law. of near beer
saloons.
Another phase of the liquor problem
which the Statewide law failed to
deal with specifically was that branch
OF 1t found in clubs and certain we'll
known fraternal orders. These or
CARNATIONS found themselves able 10
continue the alcoholic features of their
ests biishments, and perceiving the adj
va ntages, Alphabetically speaking pos
sessed by them, other fraiernities,
built along the same lines. gathered
together memberships more or less
numerous, and fastened to install
themselves in comfortable quarters.
The brewery in Atlanta proceeded
to manufacture the sort of beer which
the law and the courts seemed TO al
low. The percentage of alcohol in
this Atlanta beer. l am told, is 3,a3,
one-hundredth Of one per cent under
the mark contained in the Supreme
courts tntimation.
Perceiying what loophole had been
left in the Statewide law, and de-
termined TO reap whatever financial
benefit it could, the legislature of
Georgia, at an extra session In the
early autumn of 1908, passed a bill
imposing a license tax of 5000 on near
beer sa Icons and $500 on beer manu-
of this bill, sent 20 the ordinaries Of
Georgia by the comptroller-general. is
as follows.
First. Every person. firm or cor
poratton manufacturing within the
limits of this State any beverage or
drink or liquor in imitation of OF in
tended as a substitute for beer, ale,
{~Jy III. .tt
sptrisuous or malt liquors, must OBJ
tain a license from you and pay there
for the sum of five hundred dollars for
each calendar year or part thereof
Second. Every person, firm. or cor
poration who shall maintain supply
depot. warehouse, distributing Office
or other place Of business within the
limits OF this State. where such bever-
ages. drinks or liquors as are referred
to in the first section of the act are
kept for sale or distribution in whole
sale quantities. that is to say, in guam
titles of more than five gallons, shall
obtain licenses from you to conduct
their business and pay therefor tho
sum OF five hundred dollars for each
calendar year orr part thereof.
Third. Every firm, person or COR
poratin who shall sell or offer for
sale in quantities of less than five gall
Ions any such beverages, drinks or
liquors as are referred to In this act
shall also obtain licenses from you to
conduct business in your county and
shall pay therefor the sum OF two
hundred dollars for each calendar-ye
or part thereof"
1t was stipulated that no licenses OF
this character would be issued I'm COM
munities Of less than 2,o00 population.
THUS insuring to rural districts ana
smaller communities freedom from
any form Of beer connection. In At
ianta there are today more licensed
drinking places than there were sa-
looms in the old days. Locker cluhs
In Atlanta pay license Of $500 and
beer establishments 1900. There are
about twenty locker clubs.
The bootleRger. that's. the indtvid-
ual who sells afcohor in the cellars
and alleys of the city. is plying his
trade, and the police are after him
vigorously and constantly. Sometimes
ten or twelve OF the species are ar
rested In one week The amount of
whitkey sold In this way. however
is not large, probably not sufficient. to
constitute serious element of Allan
ta's liquor problem.
Briefly as possible l have set forth
the dark side of the temperance sitn-
alton in Georgia and Atlanta. | have
done so because promised friends
ana readers Of the Worid News that