Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-12-20
Nc Crime to Keep
Homemade Cider
Which Has Kick

Washington, Dec. 20.-Use Of cider
in the home by its manufacturer,
even after it has become Intoxicating
by fermentation, is lawful and with
out the bounds of the prohibition en-
| forcement act, according to an opin-
ion submitted to the secretary of the
treasury by Attorney General Palmer,
made public Saturday.
The opinion is in conflict with the
| regulations Of the bureau of internal
| revenue, which state that home made
cider must be mon intoxicating in
fact" altho not necessarily containing
| less than one-half CT one per cent of
alcohol
opinion as TO whether the term
notwithstanding cider and fruit
juices" means non Intoxicating
| in fact or containing less than one
half OF one per cent of alcohol. The
phrase occurs in section 20 OF the
prohibition act.
In answer, the attorney general
held that the expression meant con-
tanning less than one-half of one per
cent but added:
I'm view, however, Of what I un-
derstand section 30 to mean, I am
sure it would be misleading for me
to content myself with this direct
answer to your question"
Congress intended by section 80 to
prohibit the sale but not the manu-
facture OF intoxicating cider for use
in the home, the opinion said.
Congress seems to have recognized
the peculiar nature of cider" the
attorney general declared. when
this is done, an Intoxicating liquor,
even within the definition of the
prohibition act has not been pro-
duced. But fermentation very shortly
sets in, producing alcohol, and all
that Is necessary to convert the cider
into an intoxicating liquor is the
lapse Of a short time.
Broadly speaking, one who has
manufactured cider which has not
yet had time to ferment has not man
ufactured intoxicating liquor
Section 20 has manifestly sought to
| make 1t clear that it was not intended
| that one who manufactured cider and
kept itfn his home for beverage pur-
poses until it fermented would be
guilty Of possessing intoxicating IL
quors unlawfully, the opinion stated.
Section 20 says that to manufac-
ture this cider for use in the home
shall not be unlawful" Mr.. Palmer
| asserted. obviously 1t does not mean
| for immediate use or necessarily for
use before 1t has had time to ferment.
| think clearly the provision means
| that after being manufactured as
sweet or Misunderstanding cider, it may
be kept in the home for future use
without violating the 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-
facturer Of cider for use in the home
could be guilty of would be Of hav-
! Ing It In his possession after it fer
nents and produces alcohol.
by the provision above quoted"
he said. II 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 intoxi-
eating, 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"
Mr.. Palmer may be asked to recon-
slider his decision by prohibition en-
fbrcement officials