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Show PROHIBITION BILL HANDED TO GOVERNOR THE ATTORNEY GENERAL TO ADVISE SLIGHT AMENDMENT IN DISCRIMINATING DISCRIMINAT-ING CLAUSE. The prohibition bill was delivered to Governor Simon Bamberger yesterday yes-terday by the house of representatives. representa-tives. It is understood that the attorney at-torney general will recommend that the bill be returned to the legislature for a slight amendment to avoid discrimination dis-crimination against the manufacture in Utah of' tnalt and brewed drinks containing not in excess of one-half of 1 per cent nlcohril. The bill as passed by the legislature contains a clause which prohibits the manufacture or sale of all malted or brewed drinks. It lias been pointed out by the attorney general's office that a literal interpretation of this clause would prevent the sale of tea or malted milk and other harmless and nourUhii'g bevenges. Without a literal enforcement of the law with reference to tea and malted milk there would be an excuse for vio'atinp on the part of those who desired to manufacture or sell intoxicating drinks. This provision was noted by James H. Wolfe, deputy attorney general, who is examining1 the measure from a legal standpoint for the governor. He finds that tinder the Wcbb-Kcnyon interstate commerce law, malt and brwi'd drinks containing not in excess ex-cess of one-half of 1 per cent alcohol may be shipped ihto the state from outside points. Attorney Wolfe directed the attention at-tention of the governor to this point and to the fact that under the prohibition pro-hibition bill as it now stands persons who might desire to manufacture or sell such malt or brewed nonintox-icatiug nonintox-icatiug drinks in the state would be discriminated against. It was suggested sug-gested b the attorney that a slight change in the wording of section 2 of the bill be made to prevent this. Representative Young, who fathered father-ed the prohibition bill, has consented to the change, and while the governor was not prepared last night to announce an-nounce poi'tivoly that he wouli' send the bill had; for amendment, it was announced from his office that in all probability he would do so Jamrs H Wolfe, assistant attorney general, last night said: It is questionable whether the Wcbb-Kcnyon bill would cover shipments ship-ments into the state of Utah of malt liquors unless the same were intoxicating. intox-icating. If the Webb-Kenyon bill covers only the shipment of intoxicating malt liquors, the question arises as to what is an intoxicating malt liquor in fact. If malt liquor containing not to exceed one half of 1 per cent, of alcohol alco-hol by volume should not be considered consid-ered intoxicating liquor under the construction of the Wcbb-Kcnyon bill, then outside manufacturers of such liquors will be able to ship them into the state of Utah. If this were so outside interests would be able to make Utah their market, whereas local manufacturers would be excluded. The change as drawn would permit local breweries or manufactories to operate and make malt or brewed beverages containing not to exceed one-half of 1 per cent of alcohol by volume. |