Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1917-01-13

from the chemist of the Department
Of Agriculture, Commissioner OF Ag-
riculture ]. Sidney Peters yester-
day advised by circular letter all
officers of the law in Virginia that
three so-called soft drinks" Alpha,
Tanhauser and Bevo, are malt liquors
within the meaning of the prohlbl-
tion act, and are being sold in the
State in violation of the law.
The three kinds Of beverage have
been under suspicion for several
weeks, and the commissioner has
taken final action only after an au-
thoriativc examination into their
chemical composition. Under a ruling
of the Attorney-General, the prohi-
bition act inhibits the sale of all malt
LIQUORS. whether intoxicating or nom
Intoxicating.
The letter sent out by the COM
missioner makes it discretionary with
the police whether Or not they shall
make any arrests for violations be-
fore January %
"a large number of merchants
throughout the State" he says, have
engaged in the sale of the above
beverages, who will regard it as a
great hardship to be proceeded
against by you for so doing, but
whatever consideration you may feel
disposed to show them now, sug-
cest that on and after January 70
you proceed against all parties who
may violate the law by selling the
same"
The authorities of Alexandria to-
day received communication from
Commissioner of Prohibition Peters
calling his attention to "Alpha,"
"Tanhauser" and "Bevo," which, it
.is-aaid. ale in this city. The COM
missioner suggests that after Janu-
ary % the law officers proceed
against those who may be engaged
in selling the same. The commls-
sioner also calls attention to the
fact that soft drink licenses may be
revoked wherever persons engaged
in thair sale NAV abuse the same
Attacked on the ground that the
law is unconstitutional. the first real
test of Viyginia's prohibition act
was launched yesterday in the Hust-
inrs Court, Richmond, and, after
hearing extended argument by coun-
sci, Judge D. c. Richardson took the
case under advisement, and announced
that he would render his decision on
.Ianuary 26.
l.. o. Wendenburg, counsel for de-
PENDANTS accused Of keeping on hand
more ardent spirits than allowed by
law, raised the issue when he de-
INJURED to the evidence and moved
the court to quash the indictments
against his clients. Commemorative
Attorney George E. Wise Joined in
the demurrer, and the court immed-
lately heard argument by both.
Mr.. Wendenburg not only pro-
nounccd the title Of the act to be
defective. but argued that sections
and II OF the prohibition act are
unconstitutional. That part of sec
ton against which he argued fol-
lows:
after November first, nineteen
hundred and sixteen, it shall be un-
lawful for any person in this State
to manufacture, transport, sell. keep
or store for sale, offer, advertise or
expose for sale, give away, or re-
ceive orders for or aid in procuring
ardent spirits, except as hereinafter
provided"
1T shall be unlawful to deliver to,
receive in, keep, store, dispense,
give away or use ardent spirits in
place reputed to be house of
prostitution, or in any place, except
as provided this act. Any viola
tion of this provision shall be deemed
j misdemeanor; a second or subse-
quent violation shall be deemed a
felony"
Mr.. Wendenburg gave four rea-
sons for his position, arguing as
follows:
Because it is not unlawful, nor
has the Legislature the power to de-
clare it unlawful, to keep. store or
transport or use ardent spirits for
!. ones own personal use, while the in.
dictment and each count embrace,
such offense -
Because the offenses charged ar.
!. not embraced within the prohbitiol
act, and if they are; thea the act s;