Five Mile Beach weekly journal., 1921-09-30

~ OOAAI1 AANA va VI ~ A aRRt 49,
fermented fruit juices, such as grape
must or any fermentable material,
recipes or formulate for the manufac-
ture of liquor for use in the home or
elsewhere for beverage purposes.
1t is a 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 manufacture of cereal bever-
ages or malt liquor. The only per-
IONS issued permits by this Office for
the manufacture of cereal beverages
are proprietors of de-alcoholizing
plants, industrial alcohol plants and
vinegar, factories using the vaporiz-
ing process, all of whom may manu-
facture, commercially only, cereal beY-
erages containing less than one-half
of II per cent of alcohol by volume.
There is a widespread impression
that it is legal to manufacture without
a permit, in the home or elsewhere,
beer, ale, and porter, containing less
than one-half of one per cent of alco-
hol by volume. Manufacturers of malt
extracts and similar material endeavor
to take advantage of this supposed
condition of the law 10 sell such ex-
tracts or material for the manufacture
by persons in the home of beer, ale,
or porter, ostensibly to contain less
than one-half of one per cent of alco-
hol by volume, but actually to contain
a high alcoholic content. Such per-
sons seek to hide their fraudulent OBJ
jects by putting the recipe for the
manufacture of liquor containing high
alcoholic content in the shape of a
warning not to follow a certain course
because such course will produce a
high alcoholic content, without of
course deceiving anyone as to the real
intent.
Such persons are, as a matter OF
fact, mistaken as to the legal aspects
of the situation. The law does not
actually permit of the manufacture
without a permit of beer, ale and por-
ter, even though the alcoholic con-
tent be less than one-half of M per
cent of alcohol by volume. Section l
of Title II of the National Prohibition
Act provides: When used in Title II
and Title III of this Act o. the word
liquor or[the phrase Intoxicating
liquor shall be construed to include
alcohol, brandy, whiskey, rum, gin,
beer, ale, porter and WINE and in ad-
dition thereto any spurious, vinuos,
malt or fermented liquor, liquids, and
compounds, whether medicated, pro-
prietary, patented or not, and by what
ever name called, containing one-halt
OF l per centum of alcohol by volume
which are fit for use for beverage pur-
language containing one-halt of one
per centum or more OF alcohol by vol
ume" as relating to and qualifying the
preceding language" alcohol, brandy
whiskey, rum, gin, beer, ale, porter
and wine" However, under the cor
rect reading of the statute, the Ian
guage containing one-half of one pei
centum or more of alcohol by volume
does not relate to the language "alco'
hol, brandy, whiskey, rum, gin, beer
ale, porter and wine" but relates to anc
qualities only the succeeding language
land in addition thereto any spurious
vinous malt, or fermented liquor, liq'
uids, and compounds whether med1'
Gated, proprietary, patented, or mo-
and by whatever name called, contain
ing one-half of one per centum or more
of alcohol by volume, which are III
for use for beverage purposes" The
consequence is that all alcohol, bran
dy, whiskey, rum, gin, beer, ale, porter
and wine are intoxicating liquors, re
CARELESS of alcoholic content, and it Is
illegal to manufacture them without {
hermit. The liquors known by the
general description of "home-brew
are either beer, ale or porter. There
fore, it is illegal to sell materla
whereby so-called home-brew may bt
made in the home, even though thu
alcoholic content, of the beverage II
intended to be less than one-half O.
one per cent by volume.
No property rights exist in the ma
terials, malt extract, grape, must
stills, etc., intended for use, or TO
sale for use, in the manufacture O
liquor in the home or elsewhere, II
violation of the National Prohibltlor
Act or in the liquor made therefrom
and the same may be seized and for
feited under Section rs of Title IL O
the Act.
The internal revenue office has no
issued permits for the manufacture O
wine. home-brew, distilled Spirits o.
anv other intoxicating liquors for peV
erage use in the home or elsewner'
and under the law cannot issue suci
permits. Any information on this SUB
iect can be obtained by writing to In
ternal Revenue Collector, Camden
N. J.