Bisbee daily review., 1915-01-06

quantities, such as the human stom- ach can hold. The name under which it is sold is immaterial."
 And further on page 15. sec. 8, they lay down this rule for determining whether liquor containing alcohol is intoxicating or misunderstanding:
 Tn determining whether liquors containing alcohol are intoxicating or non-intoxicating, there is but one safe line of distinction to follow, and that is that those which contain so small a percentage Of alcohol that the human stomach cannot contain a sufficient quantity of the liquor to produce intoXication, as is said to be the case with respect to spruce beer. ginger beer and some others. must be regarded as misunderstanding. and those, whether obtained by distilla- tion or fermentation of which enough can be taken to produce inebriation. must be considered as intoxicating"
 Except as to those beveragaa which are well known to be intoxicants and the knowledge of which is SO common that the courts may even take judi cial notice of the fact, the question as to whether the beverage will intox- icate, in most cases is a matter of fact to be determined by the court or jury
 You say, "I desire particularly your opinion covering that beverage com monly known and called two percent, . Barrette and any other beverage of a like nature, containing alcohol in any percent"
 If you mean whether they are pro hibited by the law or not, I can only answer-ldont know. In my search through the books I have found no definite definition for two percent" or "Barrette" The information l. have been able to obtain leads me to believe them a kind of beer, but it is . my opinion that whether they are beer or not, is fact that will have to be determined through the courts as well as whether they are intoxi- cants. As to whether they contain alcohol, except to prove the facts above referred to. does not enter in- to their consideration
 Answering that part of your letter which reads 'I desire, also, your opinion covering liquids containing alcohol in any percent"
 It Is my opinion that in construing or enforcing the law the question as to how much or how little alcohol the liquid disposed of or manufacture ed contains, does not enter except SO far as it may go to prove it an intox- icant Or to determine whether or not it iss an ardent spirit As to tinctures perfumes, toilet waters, linaments, ! cough medicines and all other prep arations used for the hair, it seems to me to almost touch on the redicu- lous to presume they come within the meaning of the law In constru- 1 ing the law the intent of the law makers should be considered. I can not bring myself to believe that the people in enacting a prohibition law to suppress the evils of the liquor habit, intended to prohibit the sale and manufacture or the harmless and innocent use of tinctures, perfume, toilet waters, cough medicines or preparations for the hair nor to pro hibit the good housewife from adding little lemon extract to the flavor of her choice cake. It is my opinion they do not come within the intent of the law. It is possible that bev- craze manufactured and disposed of under any of those names might come under the law and be prohibit. ed, but in dealing with them I am considering their common and usual significance and use. Patent medi- cines may or may not come within the law and whether any patent med icine manufactured or disposed of be prohibited by the law will depend up- on the facts in each case.
 Respectfully yours,
 JOHN F. ROSS,