Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1915-06-16

within the statutory DESCRIPTION OF
liquors the sale OF which is prohibit
ed. 1t is conceded that the process Of
manufacture OF Justus beer is the
same as that OF lager beer save that
the fermentation is arrested at an ear
ly stage and therefore less alcohol is
contained in the product. We think
that such liquor Is beer within the
statutory definition. but whether so
or not. It Is unquestionably malt
liquor
The only difference we arc able TO
sec in the manufacture OF Justus beer
mentioned. or lager beer and that OF
Golden Ribbon. Is the TACT that in the
latter fermentation Is probably not
voluntary. although the TACT that
yeast is not added to produce fermen-
tation does not necessarily establish
the TACT that fermentation Is not dc
sired when it Is known that It can be
brought about in the manner suggest
cd by DR.. Meserve.
while. therefore. the percentage
OF alcohol in Golden Ribbon Is small
less than one-half per cent (the
amount required by the national gov
ernment in order to make necessary
the procuring OF a license before an
article containing alcohol can he Sold
yet there seems to be no specific
amount OF alcohol required to const;-
tute the liquid a beer. Taking into
consideration. therefore, the method
OF manufacture. and also the analysis
OF Golden Ribbon which shows the
necessary ingredients of beer, we are
forced to the conclusion that it IS
beer. within the meaning OF the con-
stitutional amendment.
1t Is urged in defendants behalf
that the beverage sold will not intoNi-
cate. and consequently. IS not within
the ban OF the amendment. To con
cede that it is a non-intoxicant. does
not. in our opinion. determine the
issue. Judge Lockwood, in the recent
case OF the State VS.. Brown. after a
careful and full investigation OF the
authorities. held that II is not neces-
sary for beer to be Intoxicating to
come within the inhibition of the
amendment. and with this holding we
are in full accord. although the op-
posite view IS supported by line OF
we'll considered cases. none OF them.
however. arising in jurisdictions hav-
ing statutes identical in language or
meaning with the constitutional am
endment
{ II a statute is capable of more
thon one construction. one OF which
would effectuate. and the other de
I feat its purpose, it is conceded by all
authorities that the former should be
adopted. The purpose OF prohibition
Is not merely to stop the sale OF
liquors TO those who have acquired
taste for them. but also to prevent
those who have not already the taste
from acquiring it. The aim OF the law
in the latter instance will undoubtedly
I be more nearly achieved by adopting
I the construction that the amendment
includes all beers containing alcohol
whether Intoxicating OF not. The wis
dom OF this will be seen by refer
ence to the qualities claimed for the
/ beverages in question by the Golden
Ribbon Beverage Association in its
advertising matter 1t Is stated that
B Golden Ribbon Is 4 non-intoxicant;
that It can be used by men. women
and children alike: that that person
could not contain a sufficient quantity
to intoxicate: yet, an appeal is made
to those persons who have acquired
a taste for beer. It being stated:
1T sells because people crave for
the next thing to beer, if they get
beer. They want it because ii tastes
like beer
To a prospective dealer in Golden
Ribbon, they say:
You have the bulge on the ex-
saloon man; you have every advan-
tage over the soda pop. ice cream and
ginger ale people. Your well season
ed drinkers do not want soft drinks
I II they can get something that gives
the beer feel to their parched and
discriminating throats.'
1T Is quite evident that II the bev-
erage in question satisfies the long
ings OF a beer drinker, because it
tastes. feels and foams like beer. and
for the further reason that It contains
all the ingredients OF beer. it would
be likely to create in person a taste
for beer containing larger percent
age OF alcohol
We are convinced. therefore, that
it was the purpose OF the constitu-
tional amendment to prohibit all beers
containing alcohol. regardless OF
whether they are Intoxicating or not.
1t Is the judgment OF the court that
the defendant is guilty, as charged.