Daily capital journal. (Salem, Oregon) 1903-1919, 1917-08-29
HONE MADE BEER GOOD
BUT KICK" PROHIBITED
If 1t Contains Above l1i2 Per
Cent Alcohol Unlawful to
Possess 1t


me of the days of long ago.
Guess again.
Blue Ribbon7
"Say man, this is not any produc
of Milwaukee or st. Louis. This wal
made right here in Salem and / made
it myself. Beats the original article
1t tastes Just the same, as there il
plenty of hops, the malt is there, sugar
gives the coloring and even better thar
the old time article is the fact there
is lot more kick in the home made
article. The Milwaukee beer contains
four per cent alcohol while the home
made variety will ferment easily si1
per cent and sometimes even more.
Yep, its fact. Within the past few
months the discovery has been made
that beer of the home made variety can
be easily brewed. And not only that
but it is much less expensive than the
old time. genuine brewery article. 1t
has been asserted that a judicious in
vestment of about one dollar in malt
extract, sugar, yeast and hops and q
recipe thrown in, will produce about
five gallons of the home variety of
beer with its six to seven per cent al
cohol.
1t Is TABOO
Of course it would be terribly in
convenient and even insulting should
an officer happen to appear and acting
under the law proceed to search the
premises for beer, for be it known, that
no one may lawfully possess any intox-
icating liquor. And he may not possess,
nor may he manufacture any beverage
containing more than one half of one
per cent of alcohol, as the law prohib-
its it.
Of course it is unlawful to manufac-
ture the home made variety of Deer and
of course there is penalty. Upon the
first conviction, the judge may impose
a fine of not more than $500, or not
more than six months III the county
Jail, or both For the second offense, If
convicted, the judge can impose a heav-
ier penalty.
Here is section from the SO called
dry bone law: cit shall be unlawful
for any person to receive, import, pos
sess, transport, deliver, manufacture,
sell, give or barter any intoxicating Ii
quor in this state. -
And another section of the law spec
flies that it shall be the duty of the
ufSIlltG
olations of the bone dry law. He can
file an information direct or BRING the
matter before the grand jury. And un-
der the present law, he can subpoena
any persons who might know where the
ingredients were obtained and compel
them to divulge names. OF course, even
if one has the article in his possession,
that would be enough from the view
point of the law.
Home Use No Excuse
1t would be an extremely poor ex-
cuse should the manufacturer OF the
home made beer plead that it was Just
for home consumption, and that it was
for family use. The su-
preme court of Oregon, in an OPINION
delivered by Chief Justice Mcbride
nlainly stated that the law was const-
tutional as passed by the Legislature
regarding the manufacture and posses
sion of liquor as a beverage containing
more than one half of one per cent or
alcohol.
The premises of Joe Marastoni of
Portland were searched and keg OF
wine was found last month. lie claimed
if was only for family use. He was con
victed and fined for violating the law
regarding the manufacture OF lntoXlcat
mo liquors. The case was then appear
I'd TO the supreme court, which affirm
I'd the findings of the lower court. Al
though the defendant claimed that ne
lust put the grape juice into a vat ana
et nature take its course, yet the SUI
Dreme court held this was manufactur-
ing. ,... %
make a little home made beer, just mix
the four or five ingredients, then let
Them alone while the fermentation
takes place, yet in ease of an inVestl,
cation by the grand jury. ne wonid
have but little satisfaction IN claiming
ne did not make it. The supreme court
mas decided in the Marastoni opinion
hat the law was violated. (See Oregon
Decisions, advance sheets of july ll,
1919 -
In Affirming the findings Of the mu-
1icipal court of Portland, wherein Ma
rastoni was found guilty Of breaking
-he bone dry law in the manufacture
and possession of wine for home use,
chief Justice Mcbride concludes hs
findings as follows:
"No doubt to many of our citizens
accustomed to the use of wine as a
able beverage to the same extent that
,thers use tea or coffee or milk, sueh
extreme legislation may seem drastic
md harsh. 1t certainly seems so to the
writer, but whatever may be our indl-
,idual opinions they must yield to the
mandates of the law"
So there you have it. The words OF
Chapter 40, of laws of 1917, page 40
If session laws are plain enough: 1T
hall be unlawful for any person to re-
.eive, import, possess, transport, de-
liver, manufacture, sell, give away or
,arter any Intoxicating liquors IN thus
,tate. And the supreme court has Jus'
leeided the law is constitutional.
All Of which seems to indicate that
he man who is manufacturing his home
upply of beer or has any in his pos,
cssion is violator of the law. CHIEF
Justice Mcbride says the law seems
.ather drastic and harsh but he also
avs every man must yield to its man.
Iates.