The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1921-10-21
r You MAKE Beer At HOME
you ARE LIABLE TO ARREST

Bile TO ARREST
The possessor of fruit juices in the
nome such as cider thus made is at
liberty to convert same into vinegar
for home use or to sell same to per-
mitees for conversion into vinegar.
Taxed ~ Wine
Under the revenue act of 1918
fruit juices, other than apple cider,
containing one-half Of / per cent or
more Of alcohol by volume, are taxed
as wine. The same act exempts
from tax 200 gallons of wine per an
mum manufactured by the head of a
FAMILY, provided he registers with the
collector Of internal revenue for the
district In the manner indicated by
Treasury Decision 2765. but no ex-
emption from tax is allowed unless
the producer IL 30 registered with the
collector Of internal revenue and
permit 10 not issued by this office.
or any officer Of the government, for
the purpose, none being required. It
is apparently this tax exemption pro-
vision which has been the principal
source of the confusion which has
arisen. It has seemingly been sup
posed that the effect Of the provision
Is to allow the production of 200 gal
Ions of Intoxicating wine for use in
the home free from the restrictions
imposed by the national prohibition
act. The provision has no such ef-
feet. It relates to taxation solely and
does not affect the restrictions i'm
posed by the national prohibition act.
Under the provisions of the latter act
the 200 gallons Of fruit Juice which
may be produced without payment of
tax must, like any further quantity
produced for home use without a per-
NIT, be Misunderstanding. There is no
legislative provision anywhere for
manufacturing either intoxicating
wine, cereal beverages, so-called
home brew, or distilled spirits in the
home or elsewhere for beverage pur-
poses.
Concerning the activities of per-
sons supplying material and equip
ment for the production of liquor in
the home, reference is made to Sec
ton 10 of Title II of the national pro-
hibition act which reads as follows:
ut shall be unlawful to adver-
tise, manufacture, sell or possess
for sale any utensil, continuance,
machine, preparation, compound,
tablet, substance, formula direction
or recipe advertised, designed or
intended for use in the unlawful
manufacture of intoxicating Ii.
quor."
Under this section it is illegal to
furnish stills, parts of stills, worms
or coils, malt extract or syrups, un-
fermented fruit juices, such as grape,
or any fermentable material, recipes
or formulas for the manufacture of
liquor for use in the home or else
where for beverage purposes.
1t is violation of this section to
manufacture, sell, or possess for sale,
except to a person holding a permit
under the national prohibition act,
malt extract with hops and clarifier
for the manufacturer of cereal bev-
erages or malt liquor. The only per-
sons issued permits by this office for
the manufacture of cereal beverages
are proprietors of dealcoholizing
plants. industrial alcohol plants and
vinegar factories using the vaporizing
process, all of whom may manufac-
ture, commercially only. cereal bev-
erages containing less than one-half
Of per cent of alcohol by volume.
There is a widespread impression
that it is legal to manufacture with
out permit, in the home or else
where, beer, ale and porter, contain
ing less than one-half of l per cent
of alcohol by volume. Manufacture
ers of malt extracts and similar ma
terial endeavor to take advantage of
this supposed condition of the law to
sell such extracts or material for the
manufacture by persons in the home
Of beer, ale, porter, ostensibly to con-
tain less than one-half of / per cent
of alcohol by volume, but actually to
contain a high alcoholic content. Such
persons seek to hide their fraudulent
objects by putting the recipe for the
manufacture of liquor containing a
high alcoholic content in the shape
of a warning not to follow certain
course because such course will pro-
duce q high alcoholic content, with
out, of course, deceiving any one as
to the real intent.
They're Mistaken
Such persons are, as matter of
fact. mistaken as to the legal aspects
of the situation. The law does not
actually permit of the manufacture
without permit of beer, ale and
porter, even though the alcoholic con-
tent is less than one-half of / per
cent Of alcohol by volume. Section
l OF Title II of the national prohibi-
ton act provides: when used in
Title II and Title III of this act az
the word liquor or the phrase in
toxicating liquor shall be construed
to include alcohol, brandy, whisky.
rum, gin, beer, ale, porter and wine
and in addition thereto any spiritu-
GUS. vinous. malt or fermented Ii
quor, liquids, and compounds, whe-
Their medicated, proprietary, patented
or not, and by whatever name called,
CONTAINING nno.ho1f ne NOV oou<,,r