Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1920-12-24
Palmer Rules Intoxicating Cider
Made ID The Home Lawful.

Use of cider in the home by its manu.
facturer. even after it has become intoxi-
eating by fermentation, is lawful and
without the bounds Of the prohibition
enforcement act, according to an opinion
submitted to the Secretary of the Treasury
by Attorney General Palmer, made public
Saturday
The opinion is in direct conflict with the
regulations of the bureau of internal reve-
nue., which state homemade cider must
be Misunderstanding in fact" although
not necessarily containing less than one
half of per cent of alcohol.
Secretary Houston asked for an opinion
as to whether the term mon Intoxicating
cider and fruit juices" means non -intoxi-
eating in fact OR containing less than one
half of per cent of alcohol. The phrase
occurs in section 20 of the prohibition
act. which permits the manufacture of
Notwithstanding cider for use in the home
without permit.
In answer. the Attorney General held
the expression meant containing less than
| one-half of per cent. but added:
IN view. however. of what understand
section 20 to mean am sure it would be
misleading for me to content myself with
the direct answer to your question"
Congress intended by section 20 to pro-
hibit the sale but not the manufacture 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 the juice of ap-
pies 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 produced.
But fermentation very shortly sets in, pro-
ducine 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 manu-
featured cider which has not yet had time
to ferment has not manufactured intoxi-
eating liquor"
Section 20 was manifestly sought to
make it clear it was not intended one who
manufactured cider and kept it in his
home for beverage purposes until it fer
mented would be guilty of possessing in
toxicating liquors unlawfully. the opinion
stated.
Section 20 says to manufacture this
cider for use in the home shall not be I'M
lawful, Mr.. Palmer asserted. obviously
it does not mean for immediate use or
necessarily for use before it had time to
ferment. | 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 eighteenth amendment,
the Attorney General explained, and the
only offense against the enforcement act
which a manufacturer of cider for use in
the home could be guilty of would be hav-
ing it in his possession after it ferments
and produces alcohol
by the provision above quoted" he
said. 81 think Congress has, at least. by
necessary implication, provided that the
possession by the manufacturer of cider,
even after it has by fermentation become
intoxicating. shall not be unlawful so long
as he holds it exclusively for use in the
home or for sale by those having permits
to make vinegar"