Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-08-30
BRACE R A BARRED
DRINK IS STAND Of
FEDERAL OFFICIAL
United States Attorney De-
cIares He Intends to Call
Grand Jury'S Attention to
Shipments of Drink,

That the shipment of "Bracer,
manufactured in st. Louis, INTO New
Mexico is a clear violation IF the Reed
amendment, prohibiting the shipment
of intoxicating liquor into dry ter
1itory, is the view of United States At
torney Summers Burkhart who an
nounced yesterday that itswas his in
tention to prosecute persons VINO,
knowing the shipment of the beverage
was illegal, continued to sell the drink.
Mr. Burkhart said. however, that
many persons probably were deceived
nv statements from the manufacturers
that the shipment of the drink was
lawful. but those who are unable to
convince him that they did not know
the Reed amendment was violated
would be liable to prosecution. The
sale of the drink has been stopped
here, but, Mr.. Burkhart said, he was
informed that it was being sold in
other parts Of the state.
Mr.. Burkhart also wrote the man.
ufacturers saying "all of the facts in
my possession concerning the ship
ment of these goods from st. Louis or
any other point outside of New Mexico
TO New Mexico will be presented to
the federal grand jury which will con-
vene at Santa Fe on the first Monday
of october for its action"
His letter said in part:
l have your letter of August 23 IN
which, amongst other things, you say
that you are informed that am max
irp trouble for certain customers of
yours who are selling your goods un-
Ger the name of "Bracer" and which
is nothing more or less than apple
cider with flavors added. that these
good are not in violation of the war
time prohibition act and the attorney
general has so decided and you can
rot understand why l am, in the race
Of this decision, attempting to make
trouble for your customers in TINS
state.
The attorney general has held that
cider is not vinous liquor with IN the
meaning of the war prohibition act
and also has held that It is not sub
ject to the internal revenue laws. me
attorney general has not held that the
shipment of your goods from st. Louis
into dry states Is not violation OF
what is known as the Reed amend
nent; on the contrary, it is at his sug-
gestion | am about to institute pro
ceedings against you for the shipment
of these goods into New Mexico and
against those persons who have or
dered them to be SO shipped as VIOLA
tors of that law.
Your goods, as shown by analysis
of "Bracer by the bureau OF chem-
jstry of the University of New Mexico,
contains 6 per cent of alcohol. bever-
ages containing which are held uni
versally by the court to be intoXlcat-
ing, and the manufacture, sale or lln-
portation OF such into New Mexico Tor
beverage purposes being undoubtedly
a violation of the state constitution.
The Reed amendment as contained
in the act of congress approved March
3. 1917, being a part of Section
thereof, and is as follows:
"Whoeyer shall order, purchase or
cause intoxicating liquors to be trans
ported in interstate commerce. except
for scientific, sacramental, medlclnai
or mechanical purposes. into any state
or territory, the laws OF when state
or territory prohibit the manufacture
or sale therein of intoxicating liquors
for beverage purposes shall be pun
ished by q fine of not more than
1000 or by imprisonment not more
than six months. or both, and for any
subsequent offense shall be imprison-
ed not more than one year.
1t Is clear tndL eacH SHlphleht VI
YOUR product "Bracer" into this state
from Missouri is a violation of the
Reed amendment just quoted. 1t is
also certain that all persons who
order, purchase or cause to be shipped
any of these goods from st, Louis OF
any other point outside of New Mexico
into New Mexico for beverage pur-
Roses are also violating the Reed
amendment and are subject to the
penalty above set forth.