Bisbee daily review., 1915-06-06
GOLDEN RIBBON CASE
 LOST ID DEFENSE
lContlnued from pase l

while lager contains about three and
 one-half per cent llvldence also
 shows that Justus Beer. as manufac.
 tured, is not intoxicating for the req
 son that the amount an ordinary per
 son would consume at one time would not contain enough alcohol to have an intoxicating effect We reach the
 conclusion without the slightest
 doubt that the beverage in question.
 being a liquor manufactured from
 malten grain by process involving fer mentation, no matter how slight the
 Fermentation may be and irrespective or the amount of alcohol which is act.
 ually contains, and also without re-
 gard to whether it is in fact intoxicat-
 ing, is within the statutory descrip-
 ton of liquors the sale of which is
 prohibited. 1t is conceded that the process Of manufacture or Justus Beer
 is the same as that of Lager beer
 save that the Fermentation is arrested at an early 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 mquesuon. ably malt liquor
 "The only difference we are able to see in the manufacture of Justus Beer mentioned, or lu5c. peer. and that of Golden Ribbon. ss the fact that in the latter fermentation is pro babiy not voluntary although the fact that yeast is not added to produce Fermentation does not necessarily es tabiish the fact that fermentation IS not desired when it is known that it can be brought about in the manner suggested by Dr. Mesery-.
 While therefore. the percentaee OF alcohol in Golden Ribbon is small Hess chan one-haii per cent (the amount required by the National gov eTument in order to make necessary the procuring of a license before an article containing alcohol can be soId)
 yet there seems to be no specidc amount of alcohol required to constl- tute the liquid a beer Taking into consideration. therefore the method of manufacture. and also the analysis of Golden Ribbon whicu -uows the necessary ingredients Of beer. We are forced Co se conclusion that it is beer. within the meaning Of the Constu- tioual Amendment
 "It is urged in defendants behalf that the beverage sold will not intoxl- cate, and consequently, is not within the ban Of the amendment. To con- cede that it is a nonintoIcant, does not in our opinion determine the issue Judge Lockwood. in the recent. case of the State ys. Brown. after a careful and full investigation of the authorities, held that it Is not neces- sary for beer to be intoxicating to come within the inhibition of the and with this holding We are in full accord, although the op- posite view is supported by a line of well considered cases, none of them. however arising in jurisdictions hay ing statutes indentical in language orI meaning with the Constitutional ann endment.
 "ll a statute is capable of more than one construction, one Of which would enactuate, and thhe other de- feat its purpose, it is conceded by al 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 a taste for them but also to prevent those who have not already the taste from acquiring it. The aim of the law il the latter instance will undoubtedly be more nearly achieved by adopting the construction that the amendment includes all beers containing alcohol, intoxicating or not The wis dom of this will be seen by a refer ence to the qualities claimed for the beverage in question by the Golden Ribbon Beverage Association in it's advertising matter It is stated that Golden Ribbon is a uon-ntoxicant. that it can be used by men, women and children alike; and that a person could not contain a sufficient quentD to intoEicate, yet an appeal is made to those persons who have acquired a taste for beer, it being stated,
 It sells because people crave for thc next thing to beer, if they get beer They want it because it tastes like beer
 "To prospective dealer in Golden Ribbon, they say.
 You have the bulge on the ev- 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 ii they can get something that gives Che beer feel to their parched and dis thrOats.
 "lt is quite evident that if the bey- craze in question satisfies the long ings of a beer drinker. because it tastes, feels and foams like beer. and for the further reason thar it contains an the ingredients of beer, it would be likely to create in person a taste for beer containing a larger percent age of alcoho
 "We are convinced, therefore. that it was the purpose of the Constitu. tional Amendment to prohibit an beers containing alcohoI, regardless of whether they are intoxicating or not It is the judgment of the court that