Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1920-07-26
HOME BREW RULING
DOESN'T ENTHuSE
DELAWARE "WETS'
Prohibition Director Boyce Can
See No Letting Down Of the
Bars Here.
STATE LAW is CITED

w. T. Boycc, federal prohibition en-
forccment director for Delaware, apparent
" sees no encouragement for the vets IN
the recent ruling. Of the Internal Revenue
department which arc being con- trucd In
certain quarters rs a gentle letting down
of the bars and countenancing OF the
manufacture Of home brews.
In these rulings the words "one half OF
one per cent" are eliminated from the
original wording Of the law, and the
words Notwithstanding substituted,
which has given rise TO the question, may
it not be lawful now TO manufacture
cider and fruit juices which have more
than u Of one per cent alcohol2 Cider and
other fruit Juices, II l., held, might hold
considerably more than "A Of one per
in fact, and il would be the duty OF the
enforcement officers TO determine IN each
clsc whether the juice was Intoxicating.
This would cause much uncertainty
and confusion in the enforcement OF
tire prohibition amendment, as It would
require rulings as to just when beverage
should be considered intoxicating. Opin-
Ions would differ in different States and
in different courts Of the same State. and
the latitude Of Judgment accorded might
result in very liberal interpretations.
Thus. say, persons might make fruit
Juice having three per cent alcohol IN
content. and yet, il none 81 those who
drank il showed signs Of intoxlcation, IT
could scarcely be condemned rs an in
toxicating drink.
The ruling which has given more or Less
cheer 10 the enemies of prohibition reads
Section % Of Title II Of the national
prohibition Act provides that the pen
altics imposed IN the act against the
manufacture Of liquor without permission
shall not apply to a person for manu-
fact iring cider and fruit juices exclusively
for use in his home, but such CIDER and
fruit Juices shall not be sold or delivered
except TO persons having permits to
manufacture vinegar.
The Bureau = Interpretation OF the
foregoing provision is as follows Any
person NAV, without permit, and without
giving bond manufacture non-intoxlcat-
ing cider and fruit juices. and m so DONG
he pay take his apples FRUITS toa custom
mill and have them made into cider and
fruit iuices. After such Notwithstanding
cider and fruit Juices are made, they
must be used exclusively in the home,
and when so used, the phrase 'nonintou-
eating means Notwithstanding IN fact
and not necessarily less than one-half OF
one per cent Of alcohol. Ms provided in
Section 20 Of Title ii of the said Act.
couNrEF TO STAFF LAWS.
There are two chief reasons why this
ruling will not ameiorate the condition
Of the thirsty man in Delaware. FIRST,
the fact that there has been no softenine
Of the State law The Delaware pro-
hibtion law still reads. The provision
al T.. - ATT xa.xiA tr.a
hibi,ion Law shall not be construed 10
prevent the manufacture OF cider for the
purpose Of making vinegar or non-intoN-
eating cider for sale containing not more
than u OF ono per cent Of alcohol by
volume, etc.
! So. even IL the ruling Of the Internal
| Revenue department should prove to be
a iveral Interpretation of an otherwise
| infiexible law. hy permitting the manu-
| facture of cider and fruit juices with morv
| than - half of one per cent alcohol II
| comes into conflict with the Delaware
| prohibition which is explicit on the vol
ume of alcohol permitted in legal cider
| Accordingly, the ruling would not be
| effective in this State SO. as MIR. Boyce
points out. he cannot see that the ruling
| changes the aspect Of the case, as Tar as
| Delaware 10 concerned.
| Asto the homcsbrew feature Mr.. Boyce
saws there is nothing in the ruling to
permit the manufacture of home brcws
| A brew is not simple fruit juice which may
| in time ferment. A brew consists oil
| fruit or grain juices to which has been
added sugar, yeast. hops, or other factor,
| which accelerate fermentation. And
| in support of his statement MIR. Boyos
| points out the following paragraph of the
ruling quoted
The cider in the home may be allowed
to turn 10 vinegar if the owner desires
provided he adds no sugar or other fer
mentsble substance to the cider or fruF
Juices 10 increase the alcoholic content
| thereof. inasmuch as such practice is held
to constitute mash fit for distillatior
within the provisions of Section 32S1
| Revised Statutes.
Mr.. Boyces method for determining il
| homemade cider and fruit juices are in
toxicating is simple. II people who
il b be them become intoxicated, h,
has prima facie evidence that the bever-
ages are intoxicating. 1t is then time foI
4 h 70 not