The Sauk Centre herald., 1924-11-13
WHEN EAA JAG AND
WHOCAN TELL One?
MARYLAND JUDGE ENDEAVORS
TO TAKE FALL OUT OF VOL
STEAD ACT
HOME BREWERS HAPPY
"OLD STUFF" SAYS AUTHOR OF
MOST ABUSED LAW ON STAT
UTE BOOKS

Baltimore, Md, Nov 12-Charg-
ing the jury in the trial OF John
Hill. in the United States district
cort for alleged violation of the
Volstead act, Judge Morris A.
Soper directed the jurymen to
ignore the definitions of intoxica-
ton as expounded by DIR. Harvey W..
Wiley pure food expert, and DIR.
Howard A. Kelly of Baltimore. These
witnesses testified that cider with
2.7O per cent alcohol and wine with
1884 per cent alcohol are intoHlcat-
ing. ),
The Judge also told the jury to find
Colonel Hill not guilty on the NTH
and sixth counts OF the indictment
which charge him with maintaining a
common nuisance at his home.
The testimony, the judge said, did
not bear out these charges, and he
therefore dismissed them. Judge Sop
er then said:
"The only things which you have
to determine in this case are ques-
tions of fact which are narrow and
few. There is no question about the
manufacture and possession OF cider
and wine. The defendant admits
those charges.
"The question for you to decide is
whether the articles the defendant
manufactured and possessed are as
described in the Indictment; that is,
YOU must decide whether the fruit
Juice that he manufactured was wine
and was, Intoxicating in fact.
Judge Soper then told the jury they
were not to accept the definition of
intoxication as given yesterday by
DR.. Howard A. Kelly and DR.. Marvey
w. Wiley, who said that any amount
of alcohol, no matter how small, pro-
duces some degree of intoxication.
The standard of intoxication which
the jury should have in mind, Judge
Soper said, is that produced by a bev-
erage which contains enough alcohol
to intoXicate a normal man when
drunk in such quantities as man Is
able to drink. $500
Intoxication, the judge added, is
what the layman knows as being
drunk.
Granite Falls, MINI. Nov. 12-
The opinion of Judge Morris A.
Soper at Baltimore, that fruit
Juices uldy NC uoCo AOi AioAAAN
consumption regardless of alco-
holic content, is old stuff, Andrew j..
Volstead, father of the prohibition
act, said today.
Judge Hand held similar opinions
in New York long time ago, he said,
but conditions of prohibition enforce
ment are growing better right along.
"You cannot admisister prohibition
enforcement by trying to interpret
the alcoholic content that makes a
beverage Intoxicating. 1t was not
the intention of the act to prohibit
the home making and consumption OF
fruit juices, nor the use of any fruit
Juice that will become wine. A fruit
Juice will not develop much alcoholic
content without the use of sugar.
Some persons would become intoxi-
Gated on a very small percentage of
alcoholic content while others could
consume large quantities sof high
content without exhibiting signs of
Intoxicating. Disregarding the word
itself, the act of congress prohibits
the manufacture, sale and transporta-
ton of any beverage containing
more than one-half of one per cent
of alcohol by volume. Every court in
the land would likely find a different
Interpretation of the word intoxicat-
ing"
He does not feel that the ruling Of
Judge Soper will have any effect on