The Sun. [volume] (Price, Utah) 1915-1932, 1917-02-09

Utah will enjoy near beer as "a
beverage In the era of dryness follow
ing the enforcement OF the Young
statewide prohibition bill n the SUI
preme court Of the state places the
same Interpretation on the law as
does Attorney General Dan ". Shields
and others In position Co cOnstrue
the law.
The Young statewide prohibition
bin was amended In the senate Thurs
day and the clause whether intoNi-
eating or not was stricken from the
definition of the bill. which included
all the drinks against which the law
was aimed This clause referred To-
the manufacture and sale Of "all
matted and brcwsd drinks" Under
the decisions. Of the courts IN other
states the manufacture and sale nr
matted or brewcd drinks " not n vio-
lation Of the prohibition act where
this clause has been omitted from the
act. u has been declared.
". w Young. Jr.. author 81 the bill.
says that under the amendment made
by the senate the brcweries OF the
state can manufacture and sell all
matted and brcwcd drinks and bey-
eraRcs ~ long as they do not contain
more than onc.haif Of per cent all
cohol. This opinion II concurred In
by the attorney general Of the state
and by Governor Hamburger
ON the other hand. members of the
senate declare that all matted or
brewed beverages or drinks are
81 Ns.. al N la
manufactured or sold In the state. un-
der the provisions of the law. Again,
Boyden 1T summit. supported by the
opinion of man who viii probably
have much Co do with the Young bill
before u becomes effective. declares
that the manufacture and sale of any
beverage containing less than pet
cent alcohol ~ permitted under IN,
hill aH the burden 81 proof " on the
state a. show that the drink N intoNi'
eating. They take this position be.
cause they say the hill IN aimed at In
toxicnting liquors and not at IN,
amount OF alcohol which h necessary
To preserve the drink or the contents
of any bottle or cnsk.
Urged By tile Brwcr-.
When the Representatives uf the
brewers appeared before the com
mercc and industry committee of th'
senate they made an earnest plea I,
have the words whether Intoxicating
or not" eliminated from the definition
OF matted or brcWcd drinks, In thii
they were unsuccessful aud the com
mittec debated the question Tor mor'
than two hours when Senator Col
ton moved To- strike the words from
the bin the senate made the amend
ment without n dissenting vote" an,
was called 60 task by senator Evans
who declared that definitions of pro
hibltion bills were technical PROPOSE
tiuns before the courts md that tn
meaning OF the senate should hc mad'
clear In the matter
| whether or not matted milk. tei
which IN brcwed, or other matted un'
brewed beverages com" within th'
scope of the act or whether the stnt'
must protc the beverage Intoxicating
are the questions which bother attor
neyH and lawmakers, II was con
coded by ardent prohihitioniHts tina
the hill was aimed az Intoxicating u
auors. and George A, startup say
that under the amendment near bee
can be- made aud sold,
A. o. the meaning and construction
OF the amendment regarding the eli
minntiun 81 the clause whether Ia
tnxlcnting or not" Attorney Genera
Dan u. Shields gives this opinions
The Young hill IN a hill directed n
Iiauors. Il IL statewide prohibitin
bin and therefore n Tor the proven
al
brsw.d beverages which do not con
tain alcohol Ia sufficient quantities
intoNioate the person taking th"w 81
not come within the purNicW ol IN
act. The bin provides that any he'
erage mas be- sold which contains one
half at per cent alcohol or less. an
that means that the beverage may d
made either by brewing mating az
: tlling or otherwise. tn" WORD
matted or hrcwcd. refer 1" intoNicu
ting liquors cor beverages made u
, those processes and not to the drinl
(which are comm rnly known not
be Intoxicating would say froi
! the hin az Il has been amended thi
, lany matted or hrrWed beverage Whlc
does not contain more than unr-ha
lot I per cent alcohol can Dee mant
featured ana sold IN the state, " neu
beer comes under these qualification
then il h. legal Go manufacture AN
sell the same 10 conformity with tt
bill. would say without rescarc
into the question that near beer cut
taining une-half of I per cent alcoh'
or less Is legal beverage under Oh
; act"
. the BEST RECOMMENDATIONS.
. The strongest recommendation an
article may receive rs "a fayorabl
word from the user II h. the recon
r mcudations of those who have used
that makes Chamhcrlans Coug