Arizona republican., 1920-12-19
CIDER WITH KICK NUT UNLAWF u +. MADE FUR USE OR
 SALE AS VINEGAR
Attorney General Rules Use Of Cider In Home Is Law ful And Without Bounds Of Dry Squad
[RepubIIcan A. p. Leased wlre1

WASHINGTON, Dec. 1S-Use of cider in the home by its manufacturer, even after 1t has become intoxicating, is lawful and without the bounds of the prohibition enforcement act, according to an opinion submitted to the secre- tary of the treasury by Attorney Gen eral Palmer and made public today.
 The opinion is in conflict with the regulations of the bureau of internal revenue, which state that home made cider must be notwithstanding in fact" although not necessarily con- taining less than one-half of one per- cent of alcohol
 Secretary Houston asked for an opin- ion as to whether the term "non-in- toxicating cider and fruit juices means non- intoxicating in fact or containing less than one-haf of per cent of alco- hol. The phrase occurs in Section 29 of the prohibition act, which permits the manufacture of intoxicating cider for use in the home without a permit.
 In answer, the attorney general held that the expression meant containing less than one-half of 1 per cent, but added
 Tn view, however, of what I under stand Section 29 to mean, I am sure ii would be misleading for me to content myself with this direct answer to your question:.
 Congress intended by Section 29 tc prohibit the sale. but not the manu- facture of intoxicating cider for use iT i the home. the opinion said. Congress seems to have recognized ] the peculiar nature of cider" the at | torney general declared. Fermentation very shortly sets in producing alcoho and all that is necessary to convert the cider into intoxicating liquor is thu lapse of a short time.
 Broadly speaking, one who has man ufactured cider which has net yet ha6 1 time to ferment has not manufactured l intoxicating liquor"
 Congress Had Intent Section 29 has sought to make it clea- 1t was not intended that one who manu factured cider and kept it in his hom for beverage purposes until it fer mented would be guilty of possessini intoxicating liquors unlawfully, tn opinion stated.
 Section 29 says that to manufactur this cider for use in the home shall no be unlawful. Mir. Palmer asserted. "Ob viously it does not mean for immediat use or necessary use DefOfe It mas ma time to ferment. I think clearly tn provision means that after being man
 ufactured as sweet and non -intoxicat
 ing cider it may be kept in the hom for future use without violating thi
 statute.'
 Possession of intoxicating liquor
 not prohibited by the 18th amendmen
 the attorney general explained. and tn
 only offense against the enforcemer act which a manufacturer of cider fC use in the home could be guilty { would be of having it in his possessio after it ferments and produces alcoho By the provision above quoted" \ said. T think congress has, at least b necessary implication. provided ths the possession by the manufacturer { cider. even after 1t has by fermentatio become intoxicating, shall not be UT
 lawful so long as he holds it exclusivel
 for use in the home or for sale to tho:
 having permits to make vinegar"
 While the opinion is binding on u
 treasury, prohibition enforcement off
 cials Intimated tonight MT. Palm'
 might be asked to reconsider his d. cision in view of the conflict betwee
 his contention and existing regulation