Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-21
"HARD" CIDER
IN HOME IS NOT
ILLEGAL---PALMER

WASHINGTON, Dec. 19.-Use of
cider in the home by it's manufac-
turer, even after it has become in
full and without the bounds of the
prohibition enforcement act, accord
ing to an opinion submitted to the
secretary of the treasury by At
torney General Palmer, made pub
lie here.
The opinion is in direct conflict
with the regulations Of the bureau
Vt internal revenue which state that
homemade cider must be "non-in-
toxicating in fact" although not
necessarily containing less than one
half of one per cent of alcohol.
Secretary Houston. asked for an
misunderstanding cider and fruit
juices" means notwithstanding in
fact or containing less than one-half
Of one per cent Of alcohol. The
phrase occurs in section 20 of the
prohibition act which permits the
cider for use in the home without a
permit.
In answer, the attorney general
held that the expression meant con-
I1IA1AS 1888 IHch OIlC-IcIl VI OuC
per cent, but added:
In view, however, of what I I'M
derstand section 20 to mean, I am
sure it would be misleading for me
to content myself with this direct
answer to your question tic sec+ton
to prohibit the. sale but not the
manufacture of intoxicating cider
for. use in the home. the opinion
ttCo,o.o,. .o., g. Lao ,o.a--
nized the peculiar nature of cider"
the attorney general declared. when
the juice Of apples is pressed out,
the immediate result is cider. When
this is done an intoxicating liquor,
even within the definition Of the
prohibition act, has not been pro-
duced. But fermentation very short
ly 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 ider which has not
yet had time to ferment has not
manufactured Intoxicating liquor"
Section 20 has manifestly sought
intended that ' one who at manufactured
beverage purposes until it fer
mented would be guilty Of possess
ing intoxicating liquors unlawfully.
II1C OplhlOh oIdISu
Section 20 says that to manu-
facture this cider for use in the home
shall not be unlawful" Mr.. Palmer
asserted. OBVIOUSLY It does not
mean for mediate use or necessarily
for use before it has had time to
ferment. l think clearly the pro-
vision means that after being manu-
featured as sweet or non-intoxicat-
ing cider. it may be kept in the
home for future use without violat-
ing this statute"
Possession Of intoxicating liquor
is not prohibited by the eighteenth
amendment the attorney. general ex-
planned. and the only offense against
the enforcement act which a manu-
1facturer of cider for use in the
home could be guilty of. would be
having it in his possession after it
ferments and produces alcohol.
"By the provision above quoted"
he said. IT think congress has, at
least, by necessary implication, pro-
vided that the possession by the
manufacturer of cider, even after
it has by fermentation become in
toxicating. shall not be unlawful so
long as he holds it exclusively. for
use in the home or for sale to those
having permits to make vinegar"
While the opinion is binding on
the treasury, prohibition enforce
ment officials intimated tonight
that Mr.. Palmer might be asked to
reconsider his decision in view of
the conflict between his contention
tho avietino raC111otiop