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Show "NEAR-BEER" IS OUT: ' IDAHO COURT SAYS IT Special to The Tribune. BOISE, Aug. I. Tho decision of tho case regarding the sale of near-beer In diy counties was rendered yesterday by Judgo Allshlo of (ho supremo court and concurred in by Judge Sullivan. This In a direct blow to the liquor clement In that It Is ruled that near-beer Is unlawful unlaw-ful In Its character and within the purview pur-view of the law, Intoxicating. In the i syllabus by Judge Ailshle tho definition ' of the statute that intoxicating liquor Include "spirituous, vinous, malt, and fermented liquors and all mixtures and preparations thereof, Including bitters and other drinks that may be used as a beverage and produce Intoxication," is the foundation for tho argument that all spirituous, vinous, malt and fermented liquors aro declared as a matter of law i to be Intoxicating, and It Is unnecessary for the state to prove that any liquor or beverage falling within tho enumerated enumerat-ed class will In fact produco intoxication; j that under the provisions of tho local I option statute it is necessary for tho ' state to prove the Intoxicating quality of all mixtures and preparations used or intended to be used as beverages which do not fall within tho enumerated class designated as "spirituous, vinous, malt and fermented liquors:" that tho legislature legis-lature in enactment of tho local option I statute evidently had in rnlnd a two-, two-, rild object; First, that of discouraging and as far as possible preventing intoxication intoxi-cation and Intemperance in the im-, im-, intoxicants; and, second, and equally 1m-. 1m-. ptirinnl. that of protecting the youth of the btaic from acquiring a taste for intoxicants in-toxicants and tho habit of indulging in drinks and beverages that contain the Intoxicating element. The cai;o tried was that of Jacob Lochman of Kampa. who I was arr-'(.te.'l for selling four bottles o j j. eat-bier In that city. |