The Birmingham age-herald., 1916-07-20

What do you mean, 'ambrosia? ? Nothing doin' here" This is about the answer made to all inquiries for the drink early yesterday morning. Ac- cording to Deputy Sheriff Conrad w Austin, who visited the New Morris Hotel and other places where am brosia" had been sold, early yesterday morning not a bottle of the beverage could be found.
 The order of Associate Justice Thom- as c. Mcclellan in his writ of prohi- bition restraining the operation of the injunction filed against Sheriff Thomas J. Batson and his deputies, restrain ing them from seizing beverage known as "ambrosia," and making ar. rests for the selling of it by L. W Scoville, proprietor of the New Nor ris hotel, became known in time fol clearing all premises of the beverage before deputies could arrive.
 UNTIES SHERIFF'S HANDS
 The order of the supreme court un. tied the sheriff's hands and it was stated yesterday that officers woulf continue to make arrests for the sale of the drink, as it was in violation of the prohibition law of Alabama. II has been contended by some persons that the sale of nonalcoholic and 2 nonintoxicating beverage was not IT violation of the state prohibition laws but this was refuted by Judge Samue D. Weakley, who wrote the prohibit tion laws of Alabama and who nippec the sale of 'ambrosia" and the execu, ton of the injunction granted to L. w Scoville by the judge of the city court of Birmin gham in the bud by putting the matter up to Attorney General Will liam L. Martin, who, acting on the sug- geStion, asked for a writ of prohibi- tion from the supreme court.
 In an interview with Judge Weak ley yesterday he quoted the prohibition law of the state from section Is, which says:
 Among the beverages prohibited tc be sold by the laws of Alabama: Malt fermented or brewed liquors of any name or description made from malt wholly or in part, or from any SUD- stitute therefor. Beer, lager beer, DOT ter and ale and other brewed or fer mented liquors and beverages by what, ever name called, hop-jack, hop-ale hop-weyess, hop-tea, malt-tonic, or any other beverage which is the production from maltese or glucose, or of whicf maltese or glucose is a substantial in gredient. Liquors of the foregoing char acter are prohibited regardless ol whether they contain alcohol or not and without regard to their intoxicat- ing character" TO BE LITERALLY CONSTRUED
 Another section of the act" said TyIdc T fcllh crih nat be act is to be liberally construed so, as to accomplish the purpose thereof which is to reduce and discourage the use and consumption of prohibited liquors described in section 1 or any act or any device, or substitute for any of the prohibited liquors and beverages including those beverages which are commonly known and called near beer, such as .white-top.' 'Pabst mead and other similar drinks and bever- ages shall be held and deemed to be within the inhibition of this statute.
 Tt will thus be seen that the legisla ture was trying to prevent the return o1 the near-beer saloons such as existed ir Georgia recently, and existed in Br. mingham prior to August, 1909 under the first statewide prohibition law. Hence the law was directed against all malt ol fermented liquors, near-beers and al similar drinks and beverages. In the bil of complaint filed by L. w. Scoville against Sheriff Batson, the beverage was called 'Fehr's Ambrosia!
 Frank Fehr is said to be a brewer op. erating at or near Louisville, Ky, ano it is the contention of the authorities that 'Ambrosa' is brewed liquor oi the type known as near-beer and similar to 'White-Top,' and other beverages that have been offered in the state for sale