Rensselaer Semi-Weekly Republican, Volume 40, Number 89, Rensselaer, Jasper County, 17 July 1908 — JUDGE DEALS HARD BLOW TO LIQUOR CALLED TONICA [ARTICLE]

JUDGE DEALS HARD BLOW TO LIQUOR CALLED TONICA

Decides It is a Malt Liquor and Must Not Be Sold Without a License.

HOLDS JOHNS VIOLATED THE LAW P ■ Imposes a Fine of SSO and Costs— Ruling of General Interest, and Brewery Will Appeal.

the refusal of the professors there to analyze it, 'Marshal Conaroe, who had bought it from Johns, brought it to this city and turned it over to Chief of Police, G. W. Bird. It was analyzed, and the expert at the hearing of the case testified that it contained mait. The court held that if 'it was established that "Tonica” was a malt liqu'X it must be held to come under the license law, even though it was not shown that it was intoxicating. Because it was established that “Tonica' ’ was a malted liquor, the Judge held that it was his duty to find that the statute prohibiting the sale of malted liquors by any not holding a license to sell intoxicating liquor, had been violated. The court reviewed the testimony of Dr. who testified that “Tonica” contained .63 of 1 per cent, of alcohol, he having analyzed the bottle sent to him by Chief Bird. The court ruled that the statutes of the State held that malt liquor was intoxicating, and he further held that it was not necessary that the State show that "Tonica” was intoxicating. The Indianapolis Brewing Company, seeing the importance of the case on trial here, sent Its attorneys and they assisted in the defense of the ease, the assertian bein gmade that "Tonica”' was not an intoxicant, and that in its sale there was no violation of the law. In this city there are some five or six places where “Tonica” is being •old, it being placed on sale Immediately after the closing of a number of the saloons here and by the persons that were compelled to close ’ their saloons when the blanket remonstrance was held good in the Circuit Coart. In the smaller towns in the county “Tenica” is sold, but the officers say that they will at once take steps to see that its sale here is stopped. The case will be appealed to the higher courts by the liquor interests.

A dispatch from Frankfort, Ind., dated July 15, says: Special Judge William R. Moore, appointed by Mayor Paul to try the case of the State against Bert Johns, of Colfax, charged with the illegal sale of liquor, it being alleged that “Tonica,” a drink manufactured by the Indianapolis Brewing Company, and sold by him, was a malt liquor, handed down his finding today. The [ decision of the court is one of general interest in the State, inasmuch as “Tonica” is sold by nearly every temperance town in Indiana, and other breweries manufacture similar drinks under various names. In his finding Judge Moore holds that "Tonica” Is a malt beverage, and that, in selling it without a license, Bert Johns violated the law. He imposed a fine of SSO and costs. Back of the prosecution of Mr. Johns Is the active work of the temperance people of Colfax, following the ing of the saloons In that town after a strenuous fight led by F. M. Golds- ; berry, who stated in the outset that his only object in ridding the town -of the saloons was to save his son, a bright young man, addicted to the drink habit. After the saloons we:e closed “Tonica” was sold in the poolrooms and other places where soft drinks were disposed of. 1 The affidavit against Johns was' filed by the superintendent of the Methodist Sunday school. A bottle of the “Tonica” was sent to Purdue University to be analyzed, and upon