The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-12-13
Assistant Attorney General in Deei-
sion, Says That Favorlte Soda
Fountain Sewerage Contains
no Alcohol.
NO VIOLATION HER +
Recently Enacted Prohibition Law
Won't Affect SAILS Of Patent
Medicines Containing
Alcohol

Matted milk drinks may be sold at
soda fountains without violating the
state prohibitory laws. John Fletcher.
| assistant attorney general, recently
stated in an opinion given to AL Falk-
enhainer, secretary of the Iowa Phar-
| maceutical association. The state
official completely exonerates matted
milk of the charge Of containing alec
hol, when mixed with drinks and
consumed while fresh.
In the opinion, Mr.. Fletcher also
clears up a number Of points which
have been puzzling druggists of the
| state. Regarding matted milk, he
says:
Matted milk in the condition in
which 1t is prepared by the manufac-
lures is powdered preparation which
| does not and cannot by reason of its
, character contain alcohol, and the
addition of milk, ice cream, charged
| with water, usually made at soda
fountains would not in any way gen.
| crate alcohol.
viii Ferment IL Given Time.
~ is true of this, however, as it is
Of many sweetened drinks or foods,
that II permitted to stand sufficient
time after being mixed. fermenta-
ton will take place which would
| cause the formation Of more or less
acids and therefore alcohol. But
| when made up and drunk while fresh,
no fermentation Is possible and there
fore there is no alcohol present or
any other Ingredient that would pro-
duce an intoxicating effect.
| Hence there would be no violation
of the prohibitory laws in selling q
drink which does not contain an in
tcyfcating ingredient In any quantity
when sold"
| Answering the question whether
druggist after January /, 1916, may
! sell patent medicines containing al
cohol, Mr.. Fletcher says:
| mo change was maue by the Thir-
| ty-sixth general assembly in the pro-
hibitory laws which In any way al
feet the sale OF patent medicines con-
! tanning alcohol. The law on this
question therefore Is the same as 1t
has been for years past; that is, that
when alcohol or other liquor 10 used
in connection with substances of a
medicinal character and SO compound
ed with such substance as to lose Its
character as an intoxicating liquor
and is not desirable for use az slim
ulating beverage, but becomes in fact
medicine, the sale thereof - not
prohibited in this state no matter
what the per cent OF alcohol may be.
! Should be Mixed With Drugs.
This would also apply to alcohol
| sold for bathing, rubbing and other
medical purposes where 1t is SO mixed
with other drugs as to render Its use
| All a beverage impossible or at least
! impracticab1e That is to say, alco-
hol sold for such purposes should be
i mixed with drugs that the contents
could not be separated by some easy
and simple process known to the or
binary layman and thus separate the
alcohol from the other ingredients
and render so easy an evasion OF the
fprohibitory statutes"
Regarding the keeping Of intox1cat-
ing liquor on hand in drug stores for
chemical and pharmaceutical pur-
poses, Mr.. Fletcher says:
/ 1T is my opfcion that registered
pharmacist would be safe in having
in his possession sufficient liquor for
the purposes specified in the section
governing this point, il such liquor Is
used strictly for those purposes.
MAY Limit Amount on Hand.
4 "As a safeguard against the viola
ton OF the privilege given by the
statute, the law provides that the
commission Of pharmacy may make
rules with reference to the amount OF
liquor pharmacist may have on hand
for chemical and pharmaceutical pur-
poses, but in no case, In my opinion,
should the amount on hand exceed
/ the quantity that would actually be
necessary for compromising purposes.
This amount Of course, would neces-
/ sarily depend on the volume of bust
ness that a particular pharmacist
would transact in the way of rom-
pounding tinctures and medicines.
81 would express no opinion on the
question whether druggist who does
not keep intoxicating liquors on his
premises should have government
license EXCEPT that I cannot see the