Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1915-06-16
ANY OLD KIND OF
SUBSTITUTE IS UNLAWFUL

TOMBSTONE. June S.-Judee a.
G. McAllister. OF Graham county. sit
ting in the place OF Judge \. c. Lock
wood. rendered a decision which, il
sustained in the Supreme court. does
away with all beverages. alcoholic or
otherwise. which are beers in any
sense OF the word. The decision Gov
erS. in particular. Golden Ribbon"
WHICH was brought to the Superior
court upon the arrest of James Ham
ilton. OF Douglas Tor the alleged vio-
lation OF the prohibition amendment
After rendering his opinion. Judge
McAlister sentenced Hamilton TO pay
fine OF SIS and spend 10 days in
jail The defense Immediately gave
notice OF appeal to the Supreme court
and applied Tor a writ OF probable
cause, which was granted. The writ
acts a stay OF execution and the
defendant was released until the SUI
preme court reviews the case
Golden Ribbon Decision.
The decision OF Judge McAlister. ii
the Golden Ribbon case. Is in CON
siderable detail 1t follows. eliminat-
ing only the reference which was
made to Judge Lockwood's decision
in the Brown two per cent" case.
The defendant in this case Is
charged with a violation OF the con
=titutional amendment OF the state
reading as follows:
Every person who sells any ardent
spirits. ale. beer. wine OF Intoxicating
liquor OF any kind. Is guilty OF a mis-
demeanor.
The defendant sold two bottles OF
Golden Ribbon to Harry Wheeler. in
Cochise county. and it Is charged in
the information that Golden Ribbon
is 4 beer within the meaning of the
constitutional amendment. The coun-
ty attorney stated at the trial that the
purpose OF this prosecution Is rath-
er TO determine the nature OF the
beverage sold than to convict and
punish for a known infraction of the
law.
Beer. according to the Standard
dictionary. is IAN alcoholic. ferment-
ed liquor made from malt and hops
The definition given by the Webster
Is. a fermented liquor made from
any malten grain with hops or other
bitter havoring matter
The evidence shows that Golden
Ribbon consists OF an infusion OF bar
ley. to which hops are added The
substance of the malt and hops is ex-
tracted by boiling. The liquid so oh
tanned is cooled and bottled It IS
then pasteurized by heating to a tenn
perature OF ia deg, fahrenheit and
sealed in air tight bottles. In the
making OF ordinary beer the wrot. TO
which yeast * added. Is placed in
watts and allowed TO ferment for =
number OF days. the length OF time
depending on the amount OF alcohol
desired. By the process OF fermenta-
ton the sugar OF the grain or glucose.
Is converted into alcohol and carbonic
acid gas. In some beers. If there is
not sufficient fermentation 10 cause
all the carbonic acid desired, it IS
added arti6cally.
An analysis OF Golden Ribbon bev-
erage. however, by DR.. Meserve. state
chemist. shows that it contains less
than one-half OF one per cent OF al
cohol. According to the evidence no
alcohol is added to the malt-hop in
fusion and its presence in any guam
THY therefore, is incontrovertible evi-
dence that fermentation has taken
place to some degree; and. this
has had the effect OF producing one
OF the necessary ingredients of beer.
viz. alcohol. The evidence showed
further that Golden Ribbon Is made
in the same room in which beer Is
manufactured. and DR.. Meserve &c
counted Tor the presence OF the al
cohol it contains by stating that a
sufficient amount OF yeast could be
absorbed from the air. and other
sources. to produce some fermenta-
ton. and especially wound this be true
in the room where yeast was so great
" used for other purposes. The car
bonic acid gas is added artiicially.
The Iowa Supreme court. in the
case of Sawyer vs.. Botti. ct al. 124
y. W. 787, when speaking of an art
icle sold as 'Justus beer. which con-
tanned not more than one-half OF one
per cent OF alcohol, used the following
language:
In the manufacture OF Justus
beer the same methods are used as in
the manufacture OF lager beer. and
the processes OF malten. extracting,
etc, are the same except that fermen-
tation OF the mash Is not allowed to
proceed as lar in the manufacture Of
lager beer. being stopped by heating
hefo-a INV considerable amount ~ al