Rensselaer Semi-Weekly Republican, Volume 40, Number 86, Rensselaer, Jasper County, 7 July 1908 — TEMPERANCE DRINKS ARE ON TRIAL [ARTICLE]

TEMPERANCE DRINKS ARE ON TRIAL

Test Cases Brought at Frankfort to Ascertain Legality of the Sale of Brewing Companies' Drioks. p A special dispatch from Indianapolis says that the attorney- general has been asked to assibt in a case at Frankfort to test the legality of the sale under certain* conditions of the so-called beverages’* to which the brewing companies are devoting a great deal of their attention. The matter had its inception in the arrest of Bert Johnson, of Colfax, about ten days ago on the charge of selling “Tonica." The case came up before Mayor Paul, of Frankfort, and was continued until today when it will be tried. The case is of more than usual importance as the State is being flooded with temperance drinks manufactured by the brewing companies. Among them are “Tmtmr wmTW'Ws Indianapolis Brewing Company; “Jingo,” from the Evansville Brewing Company and “Velveteen,” by the Terre Haute Brewing Company. Many samples of these beverages have been received at the State laboratory by H. E. Barnard, State food and drug commissioner, with the request that Mr. Barnard make analysis. . Mr. Barnard is examining all of these to find out whether or not they are in violation of the pure food laws. He explains, however, that bis office has nothing to do with the enforcement of the liquor laws. Investigation preparatory to trying the case at Frankfort brings to light that several opinions have been given by the appelate court which have a direct bearing on the case at bar. It seems that the law has been construed to prohibit the sale of any malt, spirituous or vinous'liquors, and that It has been held that the burden is not on the court to establish tbat a liquor is intoxicating after it has once been shown that it is a malt liquor.

The law of 1875 says it shall be unlawful to sell any spiritous, vinous or malt liquor without first having procured a license in the regular way. Another section says: “The words “Intoxicating liquor” shall apply to any spirituous, vinous or malt liquor, or to any intoxicating liquor whatever which is used or may te used as a beverage.”