Every evening, Wilmington daily commercial., 1921-09-24
FEDERAL RULING
ON home: BREW
Matter Explained by State Pro-
hibition Director Robert
B. Elliott.

Even though the alcoholic content
OF the beverages Is intended to be less
than one-half OF one per cent in vol
ume. II Is Illegal to sell material
whereby home brew" may be made
In the home. And liquors known by
the general description OF home
brew" are either beer, ale. OF porter.
This IN all true. according to Robert
u. Elliott. Federal Prohibition pirec-
tor. who says he received the Tip"
straight from Washington for the ex-
press purpose. of enlightening those
who may be contemplating private
stock" for the holiday season.
Here is what Director Elliott told
Every Evening: "It will be seen from
the foregoing that this office has not
issued permits for the manufacture of
wine. home brew. distilled spirits, or
any other Intoxicating liquors for
beverage use in the home or elsewhere
where under the law such permits
cannot be issued.
Recently numerous inquiries CON-
cerning the manufacturing of fruit
Juices and the law and regulations
governing such manufacturing have
reached this office. For the informa-
tior of the public on this subject. as
well as the production in the home
of malt liquors or so-called home
brew the following statement has
been obtained from Washington;
Misunderstanding fruit juices can be
made i'm the home. Intoxicating wine,
home brew. and distilled spirits may
not be made.
taT,x~-.. f,,,nI,n1 s~,1lnpS nf in
toxicating fruit juices may be manu-
factured tax free by the head of the
family registering with the collector
of internal revenue"
"This tax exemption provision has
been the cause of much confusion.
The effect of this is not to allow the
manufacture of 200 gallons of intoxi-
eating wine free from restrictions OF
the National Prohibition Act, but
mersly to allow the manufacture Of
900 gallons of non-intoxicating fruit
juices free of tax.
Section / of Title IL. of the Nation
al Prohibition act In effect defines the
term intoxicating liquors as meaning
all acohol, brandy, whiskey, rum. gin
beer, ale. porter and wine. regardless
of alcoholic contents, and all other
liquors At for beverage purposes, con-
tanning one-haf of one per cent Or
more Of alcohol OF volume. Section 3
OF said title provides: That no person
shall on or after the date when the
eighteenth amendment to the Consti.
sutton OF the United States goes into
effect. January II, 1920. manufacture
sell. barter, transport. import, export
dgliver. furnish or possess any intoxi.
Eating liquor except as authorized IL
this act. and all the provision of this ac
shall be leberally construed to the enc
that the use of intoxicating liquors al
beverages may be prevented"
Notwithstanding fruit Juices ma,
be made from homegrown fruit, o
from fruit purchased for the purpos
or the purchaser may take fruit be
longing TO him to a commercial mil
to have the juice expressed therefrom
provided the juice is removed TO tn
home of the owner before 1t contain
as much ~ one-han of one PR cent q
alcohol by volume
Dwelling on the irnpor lance of thi
ruling, Director Elliott pointed ou
that there is widespread impression
that IL is legal to manufacture with
out permit, in the home or elsewhere
beer, ale, and porter, containing les
thsn one-haf OF one per cent of alco
hoi BY volume" persons are, a
matter of fact, mistaken as to tn
legal aspect of the situation" sal
Director Elliott. THE law does no
actually permit OF the manufactur
without permit for beer. ale, and por
ter. even though the acoholic conter
he bess than one-half of one per Ger
OF alcohol in volume"