Evening star., 1932-12-26
COURTS DISAGREE
ON LIQUOR ISSUE
Opinions on Intoxication and
What a Saloon Is Show
Wide Divergence.
By the Associated Press.

By the Associated Press.
Manv and varied have been the de-
cisions of State courts in the past over
what constitutes saloon" or an in
toxicating beverage"-two widely dis
cussed points in the prohibition situ-
alton surrounding congressional moves
to modify the Volstead act and repeal
the eighteenth amendment.
Most generally, the court have held
a saloon" to be place where lntoXl-
eating liquors were kept and sold.
An Illinois court held: The popular
idea associated with a saloon is that 1t
is room rather than building with
several rooms" In contrast was the de-
cision of an oregon court, which he'd:
liquors are kept for sale at retail, and
may include more than one ROOM A
California court agreed.
Others More General.
The courts of Alabama. Montana,
Minnesota, New Jersey and Indiana did
not go thoroughly into this phase OF
the question. merely holding saloon
to be "a place" They were in fairly
general agreement it was "a place where
Intoxicating liquors are sold and con-
sumed." New York varied this by saying
a saloon" was "a place where intoxl-
eating liquors are sold and drunk"
Alabama went a step further. how
ever. in one ruling and held that the
word saloon" included place for the
sale of notwithstanding as well as IN
toxicating liquors.
A somewhat similar view was taken
by an Arkansas court, which helo
-. the word saloon does not always
mean place where Intoxicating liquors
are sold
Colorado courts showed a similar line
of thought. saying in one case: "A
dance hall where soft drinks are sold
is a saloon
Intoxication Is Question.
The Constitution under the eigh-
teenth amendment forbids manufac-
ture, sale or transportation of 'intoXl-
eating liquors" and courts for many
years have sought to determine just
what liquors are Intoxicating.
Kentucky's courts have given broad
Interpretation OF the term ntoXlcatlng
liquors, holding it to be sufficiently
comprehensive to include not only
spurious. vinous or malt liquors, but
also any other drinkable liquids. con-
tanning such ingredients as might pro-
Guce lntoXication-
Two States, Missouri and Iowa, pro-
nounced beverage containing any al
cohol at all to be Intoxicating liquors"
One of the two similar decisions in
Missouri said: "A beverage containing
alcohol is by statute an intoxicating
liquor"
The Iowa court expanded on its de-
cision. saying the fact beverage con-
tanned a very small percentage of al
cohol was 'immaterial."
Texas More Vague.
Illinois and Oklahoma in two deci-
sions held Intoxicating liquors" to be
a beverage containing more than the
one-half of l per cent alcohol by
volume limit of the Volstead act
A Texas court defined an Intoxicating
liquor as one when taken into the
stomach of an ordinary man in rea-
sonable quantities would intoxicate
him
ruled: Ale and porter are intoxicat-
ing liquors to the knowledge of all
A similar Federal decision was handed
down. the court holding: "As matter
of common knowledge. beer and ale are
Intoxicating liquors
A Colorado court ruled. The un-
qualified word beer means a malt in
toxicating liquor"
Georgia Recognizes Gin.
Arkansas, New Hampshire Massa-
chusettS, Indiana, North Carolina and
Missouri have held that the unqualified
term wine means an Intoxicating
beverage. But an Ohio court back in
1854 in similarly ruling added that
wine made from pure juices OF grapes
grown in the State of Ohio was not in
toxicating liquor.
Ruling specifically on other beverages
various State courts have said;
Georgia-"This court will take lu-
dicial cognizance that gin is an intoxl-
eating liquor"
Colorado-"It is a matter of common
knowledge to all we'll informed men that
Jamaica ginger is an Intoxicating liq-
uor." A Mississippi court, however ex-
empted jamaica gingers having rec
ognized medical value"
A Michigan court held that cider
containing 258 per cent alcohol by VOL
unle was an Intoxicating liquor"