Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-12-20

Washington, Dec. 19.-Use Of cider
in the home by it's manufacturer. even
after it has become intoxicating by
fermentation, is lawful and without
the bounds of the prohibition enforce
ment act, according to an opinion
submitted to the secretary OF the
treasury by Atty-Gen. Palmer, made
public today
The opinion is in direct conflict with
the regulations of the bureau of in
ternal revenue. which state that
home made cider must be "non-intox-
icating in fact" although not neces-
sarily containing less than LIZ of ]
per cent. of alcohol.
Secretary Houston asked for an
opinion as to whether the term mon
Intoxicating cider and fruit juices
means Notwithstanding in fact or
containing less than IL of per cent
Of alcohol. The phrase occurs in Sec
ton 20 of the prohibition act, which
permits the manufacture of non-iI-
toxicating cider for use in the home
without Permit.
In answer. the attorney-ge general hcld
| that the expression meant containing
less than 1-2 of per cent, but added:
I'm view, however. of what I I'M
derstand section 90 to mean, 1 am sure
it would be misleading for me to con-
tent myself with this direct answer to
your question.
Congress intended by section 90 to
Iproh!bit the sale. but not the manufac-
ture of intoxicating cider for use in
/ the home. the opinion said
| Congress seems to have recognized
the peculiar nature of cider" the at
torney general declared when the
juice Of apples is pressed out the i'm
mediate result is cider. When this is
done al Intoxicating liquor. even with
in the definition of the prohibition act,
has nor been produced. When fermen-
tation very Shortly sets in. producing
alcohol and all that is necessary to
| convert the cider into an Intoxicating
| liquor is the lapse of short time
Broadly speaking. one who has
manufactured cider which has not yet
had time TO ferment has not manu-
featured Intoxicating liquor
Section 29 has manifestIy sought TO
| make it clear that it was not intended
that one who manufactured cider and
kept i in his home for beverage pur-
poses until it fermented would be
guilty of possessing intoxicating IL
| quors unlawfully. the opinion stated.
Section % says that TO manufac-
ture this cider for use in the home
shall not be unlawful" Mr.. Palmer as
serted. obviously it does not mean
for immediate use or necessarily for
use before it has had time to ferment.
1 think clearly the provision means
| that after being manufactured as
sweet or Notwithstanding cider it may
be kept in the home for future use
without violating this statute
Possession of intoxicating liquor is
not prohibited by the 18th amendment
the attorney general explained, and
the only offence against the enforce
| ment act which manufacturer of
cider for use in the home could be
| guilty of would be having it in his
possession after it ferments and pro-
! duces alcohol.
BY the provision above quoted" he
said, Il think Congress has, at least
by necessary implication. provided that
the possession by the manufacturer of
/ cider. even after 1t has by fermenta-
ton become Intoxicating, shall not be
unlawful as long as he holds it ex-
clusively for use in the home or for
sale to those having permits to make
While the opinion is binding on the
treasury, prohibition enforcement Of
ficfais intimated tonight that Mr.
Palmer might be asked to reconsider
his decision in view Of the conflict
between his contention and the exist
/ ing regulations.