Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-11-13
HOME MADE WINE
WITH A KICK LEGAL,
j. s. COURT RULES.
Congressman Hill Wins First
Tilt in "Cider Party"
Prosecution

Hill in the United States district
court, for alleged violations of the
Volstead law in the manufacture
and possession of wine and cider
more than one-half or
one per cent alcohol, ruled that he
would admit testimony to show that
the cider made by Hill was not in
toxicating and was for home con-
Judge Soper ruled that the "one-
half of one per cent" clause in the
Volstead law does not apply to bev-
erages made in the home for home
consumption.
Judge Soper said:
Congress seems to have used the
word notwithstanding differently In
one section than it did in another.
TO my mind congress plainly intend
ed that persons manufacturing CT
der and wine exclusively for use in
their homes should be in class by
themselves or otherwise there is no
need for this section (Sec-
ton 29).
1.-THE only reasonable explanation
for congress singing out home made
cider and wine-makers is that con-
gress did not intend to punish men
for such manufacture unless the bev-
erage is Intoxicating in fact.
This opinion seems to be borne
out BY an opinion expressed in the
United States senate in September.
1919, when the Volstead act was
being debated, by the chairman of
the committee in charge of the bill
He expressed the opinion when this
section was added to the bill by
that cider and fruit
juices made exclusively for use in
the home must be Intoxicating In
fact"
The ruling was The result of
lengthy argument yesterday by coun
sci for Hill and United States District
Attorney Amos w. w. Woodcock.
The government chemists testified
that Colonel Hills homemade wine
had an alcoholic content as high an
II per cent.
Hills defense was based on the al
legged ambiguity of section 80 Of the
Volstead act, which permits the man
ufacture of homemade fruit juices
and cider, provided they are mon
but forbids their sale \
to any one except those who have a.
permit to make vinegar from the
cider.
Colonel Hill On Stand
Colonel Hill, himself, was the first
witness for the defense. He said
he had had correspondence with Pro.
hibition Commissioner Haynes con
corning wine and cider, but Distric.
Attorney Woodcock objected to this
of the correspondence al
evidence and was sustained by the
court. The court also sustained
Woodcock's objection to Hills offer.
ing as evidence his notification sent
to the collector of internal revenue
that he intended to engage in the
home manufacture Of wine and cider
To end the examination, WoodcocB
said the government would admit
that Colonel Hill had made the wine
and cider exclusively for use in his
own home.
Coonel Hill then described how he
had made the grape juice, and said
he had followed instructions of the
department of agriculture.
He drank it, he said, when 1t was
still in process of fermentation. II
had no effect upon him; it would
ildFo uduSSdlSu HlIl UelOre ne De'
came intoxicated because of its
sweetness, he said.
The district attorney objected to
the use of the words grape juice"
by the defense counsel, saying the
product Of Colonel Hills experiment
was wine.
Jury to Get Sample
Attorney Arthur Machen, Of HIS
counsel, insisted 1t was grape Juice,
whereupon Judge Soper asked.
do understand that counsel for
the defense intends to offer evidences
that beverages containing l per cent
of alcohol by volume are not intoxi.
eating"
Machen, and Shirley Carter, Colo.
mel Hills other attorney, replied in
one voice:
1--WE do"
Colonel Hill described how he had
made his cider and said he had
given it to more than 500 guests and
that it did not make any Of them
drunk.
Machen asked Judge Soper to send
for two gallons of the cider at Hills
home so the jury might taste It.
Judge Soper said he would take
the request under advisement.
Hill was subjected to a short cross.
by Woodcock and left
the stand
Prohibition Commissioners Roy A.
Haynes and his assistant, James E.
Jones, were the last witnesses called
by the defense. They were asked to
produce and testify to the CORE
spondence between them and Colonel
Hill but the district attorney object.
ed and they were not allowed to
testify by the court.
RULING FORCES REVISION
IN ENFORCEMENT POLICY
WASHINGTON, Nov. 1.-The
inding of Federal Judge Soper In
he case of Representative John
Philip Hill at Baltimore is regarded
lere as necessitating a revision of
he policies and regulations follow
ID by the prohibition commissioner.
On the other hand, the ruling sus-
.ains the position taken by the de-
oartnent Of justice four years ago
n an opinion written by Assistant
Attorney General Frierson and since
by the department.
Attempts have been made by the
unit on several occasions
o obtain from the department OF
Justice revision Of the FriersoD
opinion but without avail and this
bureau Of internal revenue and pro-
libition until have chosen to con-
inue the view that the one-half OF
me per cent clause in the Volstead
let applied to homemade fruit
uices.
The opinion in the case of the
Maryland representative, the first OF
everal decisions likely to result from
Iuestions raised by him, probably.
therefore,, will force an accord in the
,olicies OF the two agencies concern
ID with prohibition enforcement and
Internal revenue officials declined
o discuss the expression Of the court
Without first studying the full tex.