The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-03-31
DIFFERENCE
OF OPINION
ON new TONIC
Officials Are Divided as to
Whether State Laws Will
Stop Its Sale
DRYS DENOUNCE RULING
"This Will Mark End of An
drews," Says Indiana An
ti,SalOon Leader
DRYS DENOUNCE RULING

Washington, March 81. R)--
Whether the new malt tonic, with
it's 3.75 per cent Of alcohol and its
resemblance to outlawed beer, will
be saleable throughout the United
States remains to be seen. Some
think it will and some think it won't
while others are waiting to be shown
just how pleasant it is to take in
beverage quantities.
Despite the opinion of james T.
Jones. director of prohibition. that
there. no state laws that would
prohibit sale Of the "hcalth boost
err" Il number of state law officers
in the west and south especially
share the skepticism expressed by
Andrew J. Volstcad. father Of the
federal prohibition act and now legal
adviser in the district enforcement
offices at st. Paul, Mimi.
Frank Nash, assistant attorney gen
cral of North Carolina, went further
than most of the state officials, as
sertinx that "the sale Of medicinal
beer, SO far as North Carolina is con
ccrned, is illegal and any drug store
undertaking to sell it will be vio-
lating the state law"
Druggists Not Enthusiastic
Some druggists, ut least, are not
enthusiastic over the action Of As
sistanty Secretary Andrews Of the
treasury, in permitting manufacture
and sale of the malt tonic. In the
opinion Of Theodore y. Watterstroem,
secretary Of the Ohio pharmace utical
association, It will thrpaten the pro-
fessional standing Of drug stores
dispensing it and tend to break down
regulations governing the sale Of
tonics generally.
The views Of prohibition advocates
differ, but most Of them appear to be
against the order. DR.. +. J. Moore,
superintendent of the Ohio Anti-sa-
loon league, expressed the opinion
that sale of malt tonic would not
violate the spirit or letter of the
Volstcad law, but six officials OF the
national organization, including +.
Scott Mcbride, general superintcn-
dent, and Wayne b. Wheeler, general
counsel, described it as Il mistake"
which will lead to multiplied inva-
sions Of the law and diversions for
beverage USE" Their opinion was
mild compared with that of +. S.
Shumaker. superintendent of the In
diana Anti-saloon league, who said
''you might rs well open up the cor
ner saloon.' and predicted that this
will mark the end Of Andrews
Going Ahead With Plans
The brewers granted permits 10
manufacture and sell the new tonic,
meanwhile are going ahead with their
plans. although August A. Busch,
president Of the Anheuser- Busch
Brewing company, Inc, of st. Louis.
said his concern would not be ready
to distribute it until June l.
Mr.. Busch described it as "a non
intoxicating beverage since "it con-
tains % per cent OF malt solids and
this tends to make it unpalatabic in
large quantities"
Solicitor Britt Of the internal rev.
enue bureau expressed the opinion to-
day that states which wished to bar
the malt tonic had right to do SO.
1t was asserted at the bureau, how
ever. that grocery stores throughout
the land were stocked with products
containing more alcohol than the mall;
tonic.