THE EVENING NEWS
CAM, I). HIIOKMAKEII,
Elltur uno hole, Proprietor.
ISSUED DAILY EXCEI'T BUNOAV.
Subscription Itales Dully.
Per year, by mall $3.00
Per month, delivered 50
ftciui-Weckly.
Per year $2.00
Biz months 1.00
Entered as second-class matter
November 5, 1910, at Roseburg, Ore.,
tinder act of March 3. 1879.
MONDAY, JULY 8, 101
11-lt OK .N'EAU It It.
; la view of the raid conducted hero
last week by the sheriff and his dep
utlos and the district attorney It
may not be Inopportune to look Into
She local option laws of Oregon and
ascertain Its provisions. This county
by a mujorfty vote declared that the
territory within 1U borders should be
! dry. Since the county has been dry
there have been a number of succcss
' fill prosecutions against various In-
dividual)) who have sold liquor In
; violation of the law. There Is e
great difference of opinion among
' the people as .to Just what the law is
. and what are Its effects.
; ; Section 4920 of Lord's Oregon
. Laws states In part: "... that
whenever ten per cent of the register
ed voters of any county, or sub-divis
ion of any county Biiall file with the
county clerk a petition therefor the
county clerk shall order an election
to be held to determine whether the
' sale of intoxlcutlng liquors shall be
lironlblted In said county or subdi
vision ... -
Section 4921 provides in part that
Ithe preceding section shall not be
construed so as to prohibit the sal
of pure ulcohol for scientific or man
ufacturing purposes, or winca to
church ofllclnls for sacramental pur-
. poses, nor alcoholic stimulants
medicine in enses of actual sickness.
' but such stimulants shall be sold on
ly upon the written procrlptlon of a
- regular practicing physician, datod
and signed by him, and certified, on
his honor, that he, the physician, has
personally examined the applicant,
naming him, and that he finds him
actually sick and In need of the stlm
ulant prescribed SB medicine . .
Hie law Ib fatally defective in one
respect. It dcMn not tlcslgiuite wluit
per ti'uliiKo of alcohol lie liquor
must contain to uuiko it an intoxi
cating beverage, in order to prose
cute under the provisions of this
statuto then flic irocseiitiiig attor
ney must prove (wo things:
J-'irst It tniiNt be proved that there
lius been a Nolo iiiihIo, and
Second, iti limit be proved (but
tlmt which was sold was iiitoxlrnl
!'. The law nowhere mentions the
forms "beer." "whiskey," "mall
liquors,' or any of Hie other products
that aro ordinarily considered Intox
icating. It simply provides that no
Intoxicating liquors shall bo sold
within dry territory.
What then couiitltiitcs Intoxicating
liquors Is Hie leal qucHtlnn of Im
portance In the prosecution of raser
arising under the local option laws
i mis suite. it is a lalrly easy
matter to prove I lie sale of the llqilor,
hut to provo that It makes Its drink
er tilled will Joy mid running over
wit hi cxhulioraiieo Is not such nn
ousy task.
This Is not a new question by any
means. It Is as old as civilization
itself and has been before the courts
of all nations. The sale of liquor con
trary to law has been tried 111 courts
Blnce courts wero first established. In
the United Slates It has been before
tho Judlrlary In every cnncelvenblc
form. Liquor lawn linvn been the
Inner Secrets of the
Oliver Durability
Demonstrated at
Huey's Jewelry Store
All This Weeb
For the first time in the
Oliver history they take
the public fully into their
confidence, exposing shop
secrets which have been
heretofore kept under
lock and key in their
works at Woodstock .
subject of more argument , more leg
islation, more umsiiuIi, than nil the
other luws on the still lite books. They
take a separate place In the Juris
prudence of our country. It will he
Interesting tnen at this time to ex
amine what the courts of other states
have to say on what constitutes In
toxicating liquor. It will be doubly
Interesting for the reason that the
plea that will In all likelihood be
made In the trial of the Roaeburg
Brewery will be that the product
manufactured by that concern Is not
Intoxicating and therefore does not
come within the purview of the sta'
ute. This Is the first time to our
knowledge that the local brewery I in
been arrested on the charge of sell
ing Intoxicating liquors contrary to
-l-itw. It was perhaps a wise move
on the part of the officials to try out
the case against the brewery. The
near beer emiiorlums are granted a
license to sell near beer. Tbey buy
what they supjiose to be near beer
from tne local brewery. If what they
sell over their bars Ib not near beer,
the brewery is at fault primarily.
The brewery is the chief wrongtier,
not tho man who sells It over the
bar. Of course the law says that
the proprietor of it near beer resort
who sells Intoxicating liquors Is
guilty Just as much as the man or
corporation that manufactures and
sells the stuff. In Iloseburg here
nearly all of the local near beer em
porlums handle the product of the
locnl brewery. This is a well kne
fact to any one who has occasion to
be on the city streets. 'Ihe wagon
from the brewery stops at the var
ious places almost dally and unloads
a keg or two of Us product. There
has been no effort made to conceal
this fact. The -proprietor of the
nenr beer resort buys the product t-
near boer. If he gets some
stronger than near beer the brew
ery is responsible for the product.
The near beer proprietor should be
careful und diligent and make prop
er tests to see that that which ho!
buys and later sells Is In fact near
beer and not real boer. But like I
most porsons they take for granted
hat they are getting what they
buy and pay for. They may or may
not be docelved. But the one wny
to ascertain Just what the product of
the locnl brewery Is Ib to try It out In
the manner started by the district
attorney and the sheriff.
Let us examine now some of tho
cflnltlons of Intoxlcntlng liquor.
In the caso of Blatz vb. Itohrbach
reported In 110 N. . 450 tho court
snya "Boer as It Is ordinarily under
stood, and as It Is dellned In tho die
onary, Is n fermented liquor. It Is
niado from malted grain, with hops,
or from the oxtract of roots and oth
r parts of various plants, as sprusc,
gliilter and sassafras, etc. it I
nown under various names, and des-
glinted as "ale." "porter." "stout
strong beer," "small beer," "llq
nor, 'spruce beer." etc."
Ileer Is defined to be fermented
liior made from grain and in tlili
Miuu-y ciueiiy rrom luirlov. Kverv
telllgeilt person knows that the
oross of manufacturing lager beer
the same. In all essential partleii
lurs. an that of mnking other kinds of
ale mid beer from grain, and Hint Hi
only difference Is, so far as liitoxlcut
lug properties are concerned, a les
ser percentage of alcohol." Is the
position taken by the roiir In th
case of Kflllp vs. McKay, reported '
13 N. Y. 6.
In Kansas where tho liquor laws
have been threshed out for man
years a court says "leer Is both
tormented mid n malt liquor, and
generally contains 3.4U to 4.9t per
cent of nleohol." This definition i
reported In the enso of the State vs
Schaefer. -4 Kansas 90.
"Ileer Is a general torni, and In
cludes both alcoholic liquors, and
class of non-lntnxicnnts made fro.n
the roots or other parts of various
plants, such as spruce beer, ginger
tieer, and the like. Lager beer Is a
malt liquor." This definition Is foun !
In the reported case of Johnson vs.
tho Slate iTexns) 6 S. W. 652.
"Hoor In lis ordinary sense, de-
; notes a beverage which Is Intoxlrat
I lK - - - - " Inls definition Is
i made In a long line of reported cases
rmu the states of tenia, Iowa. Kan
sas. Indiana, New York and others
I As the word Ib generally used and
understood "beer' la a malt liquor,
and Is Intoxlcutlng, though there are,
however, some light non-Intoxicant
i'i-i,iiaui)iis sometimes vended mi
ller that name." This Is taken from
Ihe case of State vs. Ourrle 8 N. Dak
Mil. The Biibslance of this defini
tion Is also found In Commonwealth
vs. Courtlier SO Mass. 390.
Tilt 1'. S. Pharmacopoeia defines
beer to le an extract made by the
fermentation of malt and hops and
containing from 3.9 to 8.25 per cont
use of alcohol.
W'hcitirr leer Is Intoxicating therefore-
depends llo MrvrlltJlge of
alcohol (luit the protluet contain.
The amount of alcohol necessary to
; .natltute the product Intoxicating !
varies according to who happens to
be the defining term. We have n'l
doubt that out ot so-called experM
placed on tho stand for the purpose
of giving their opinion on the vi'j
Ject not more than two or three will
agree. The product taken in the raid
last Wednesday has been anal 'ed
and on the analysis arrests have bee.i
made. Certain It is that in the opin
ion of Professor Hhlnn, wlio nutde the
unnlysis, the product of the loca
brewery contained sufficient ulrn'iol
to make ft, in his opinion, intoxicat
ing. Otherwise there would hav
been no arrests. The local brewery
has for some time mst lieen undo a
cloud. It has been reported on the
street that Its officers and stock
holders were receiving the protej.ion
of those officers whose duty it li tc
enforce the local oplon laws. 1 itt,
product Is not Intoxicating this cl imi
that the brewery Is under wilt be
removed. If the product Is in full
intoxicating those responsible for lis
manufacture should be punished. The
law says that Intoxicating liquor.!
shall not be sold in this dry territory
and the law should be obeyed. This
brewery prior to the Jocul option law
in this county manufactured and sold
product that was beer and It was
Intoxicating- There was no eff r;
made to deny this. Since the county
went dry the brewery lias made n
product that it calls near beer. This
now Is the fiuestynn tlult must be de
termined. The cltl.enslilp of Ilil
community and county is entitled to
tills question.
Down In the state of Georgia
where prohibition has gained many
victories the law courts are beseig
ed by technical points raised by
former saloon keepers who after
they were forced out of business
through the local option laws became
proprietors of near beer parlors, "n
one case a dry community Imposed a
license fee of two hundred dollars
all near beer businesses. Oie
near beer man tried tne question out
In the courts. He contended that the
city had no right to Impose a license
on a near beer resort any more th
It should cause the owner of nn ice
cream parlor to pay a hoavy license, j
ne argument was to the effect that
so far as the law was concerned the !
two businesses stood on tho same
footing. Justice Powell who sat in
the case and rendered the dcrlHnn
said on this subject as follows: "The
argument that, slnco near beer Is
Light, Strong
Durable, the Ideal
Cooking Wear, espec
ially Needed in the
Fruit Season
WEAR-EVER
ALUMINUM lilW
TRADE MARK
Purity of
Materials
Dispensed
and a
Thorough
Knowledge
of the
Scientific
Principles
Involved
Makes this
DRUG STORE
the
Popular
Perscription
Dispensary
of Roseburg
Purity
Accuracy
Fair Prices
FULLERTON
AND
RICHARDSON
DRrCClSTS
PLRKINS MM.
Roscbury. Ore.
With every penny's value of aluminum
ware purchased before the 1 5 th, we have
instructed our sales lady, Mrs. Howard, to
give you THREE tickets in the automo
bile contest. Remember the time, the
1 5 th will be the last day for this offer.
Churchill Hardware Co.
IRONMONGERS
i
not an Intoxicating liquor, den 'era lit
it should stand on the samo rooting
as dealers in soda wnter and oilier
similar beverages we:! coiiniort;
A IlARGAltf.
.Two nice level lots, each 40x100
with tho y.eal and partisanship which ! In Wnte'g addition, only 3 blocks
is to be expected or council In the
case, but we would stultir.v our
selves If we did not recognize .in es
sential distinction and a well milk
ed difference between III-.' i .vo
cltoses. lloth businesses ar- in a
certain sence alike legitimate, but
there are many varieties or legiti
mate businesses. An occupation may
be lunful mid yet may bo neither
useful nor necessary in fact they
may havo a harmful tendency. Is the
assumption to be Indulged In for mi
Instant that a stale tax of $200 00
on each soda water denier. In addi
tion to such municipal taxes as might
lawfully bo collected, would cause to
be poured into the treasury tho vasl
sum ot money which the nen boor
tax has brought in? And yet. prior
to the adoption of the prohibition
law, when near beer mid soda water
wero on nn eiialll so fur as taxa
tion was concerned, who ever heard
of n 'near beer" dealer? Who, prior
to the advent of prohibition, would
have dd even SKI. (Ml per annum for
tho privilege f wiling Iniftntinns
and substitutes for tieer nml other In
toxlcutlng liquors? What does nil
this suggest to the reasoning mill -.7
"Not) only that, but what other
business so facilitates the oiieration
of n 'blind tiger' and the sale of
liquors that are Intoxicating. The
state, and under Its authority, the
niunlrliinllties have the right to en
act rules for the conduct of the most
necessary and common occupations,
when from their nature they offer
peculiar opportunities for Imposition
and fraud."
Hie rase Just quoted Is styled.
Campbell vs. city of Thomnsvllle,
and Is reported In 6 Georgia 212.
And the Judge Is right. We never
heard of n near beer emporium ti
we llvjd In dry territory. They do
not sell near beer In wet territory.
I m y call It beer. And It will take
from high school, 1 new house 24x3
9 ft. posts, shingled roof; another
house 12x20, 1 wood shed 7x15. city-
water and sewerage, fine well to Irri
gate garden. Price $950, $500 down,
balance on monthly payments of $15
per month, first year, then 'jlO until
paid, interest at 6 per cent. Page In
vestment Company, 709 N. Jackson,
or Phone 242. tf
Ycu Don' Have to Go to Sea to See
PAT'
For Cement Culverts, Cement Sewer Pipe, sizes 8
inclesV. Cement building foundation and
chimney blocKs. Cement sidewalKs and Cement
worn of any hind. g
F. F. PATTERSON
CONTRACTOR and BUILDER
the testimony of expert chemists
sole the local trouble.
to
O. C. Ilrown and wife, of Dvr
Creek, spent Saturday afternoon In
Ueif-burg visiting with friends.
"July IS Dr. Lowo will be In
'C2- Oakland; 19 and to noon of
20, In Roseburg. Don't fall to have
him test your eyes for glasses. i
Outings in Oregon
VIA THE
To the Beaches
Springs and
Mountains
I , lOOOlNBSHASTAl I
I " I ROUTES I I
Excellent Trains
Service and Low
Round Trip Fares
If you are looking for an iileal place to spend a portion of the
tiummer, where you can find rest, health and recreation, the ZtiL rZ
sorts reached by the Southern Pacific are par excellence.
Xewport-Yaquina Bay Tilamook County Beaches, Crater Lake
Colestin hpnnpi, hhasta pr.nRS, Cascadia Breitenbush Hot SvZttvi
mauy other springs of more or less note. 'pnngsajd
LOW ROUND TRIP TICKETS V
e!;!hJnKli,?i n"" MW' ilT !'? the above resorts- Our booklet, "VaL
ca ion Days in Oregon" describing these and other outing placra can U
obUined from any Agent, who will cheerfully furnish information
to fare trams or postal to the undersigned wil reive promp?tetio
JOHN M. SCOTT f
General Passenger Agent, Portland, Oregon