Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 44 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1922 Excerpt: ... It is conceded by the parties that in manufacturing beer, ale, porter, and similar liquors which are to have an alcoholic content of less than one-half of one per centum by volume there is necessarily developed, during the process of manufacture, as a result of fermentation, an alcoholic content in excess of such one-half of one per centum by volume; and that then the excess of alcohol must be eliminated by a process of dealcoholization. This is recognized in said Section 37 of the national act; and, as therein provided, under the permit of the commissioner of internal revenue such development of alcohol and its subsequent elimination may be carried on in the manufacture of dealcoholized fermented liquors. Notwithstanding the provision for the absolute prohibition of the manufacture of intoxicating liquors which is contained in Section 3 of the State act, Section 4 of that act recognizes the right of a person having a permit from the United States Commissioner of Internal Revenue, in conformity with the National Prohibition act, to manufacture liquor in this State. This includes the right to develop, under permit from such commissioner, as a part of the process of manufacturing fermented liquors, a content of alcohol greater than one-half of one per centum by volume, provided such alcoholic content is subsequently reduced below one-half of one per centum by dealcoholization in accordance with Section 37 of the national act. Moreover while Section 3 of the Rhode Island act, in terms, absolutely prohibits the manufacture and sale of intoxicating liquors Section 1 of that act, in defining the meaning to be given to the phrase "intoxicating liquors," when used in the act, specifically provides that such definition shall not extend to dealcoholized beer, ale, po...