Show DRY LAW IS A PUZZLE TO ATTORNEY GENERAL Je Legal nl Department I of or State Believes Le Legislators Went Further Titan Than They What Realized Is Beverage The legislature In drafting the prohibition bill which was enacted to become effective August 1 gave to the state chemist absolute power to determine whether proprietary medicines containing more than one one- one one- half halt of one per cent alcohol can n be I I Ithe used as intoxicants In this phase of ot the act the Ule lawmakers went even I further urther than they realized according I Ito to an opinion issued by the office of or i ithe the attorney general In response to toa toa i ia a request for or information filed flIed by I C. C A. A Fans Faus wholesale druggist A real job was wished on the i state chemist according to the opinion opinion 1 ion fon which says that the act seems seems to make that functionary the sole sole judge as to whether proprietary medicines medicines medicines med med- can be used as Intoxicants If It they can be so used they may not be sold wId The opinion seeks to lighten light light- en the burden o of the state chemist to a limited extent by suggesting that he may be he aided in his determination determination nation as to what may be used as a beverage by co consulting the list of preparations for which the federal government requires a license As to that point however the opinion la is not definite saying that the writer is unable to give full rull information Housewives Warned arned Housewives who serve brandied peaches or other so prepared fruits to their guests need not be surprised If a warrant of ot arrest Is served upon them for tor according to the opinion fruits preserved In alcoholic liquors of ot any kind are under the ban Strict lines are laid down in the opinion as to the definition of the term malt liquors The attorney general general gen gen- eral hol holds g that the law prohibits any malt or brewed drink In the making of which fermentation Is Involved whether or not the malt contains al al- al cohol Malt drinks not involving th the process of fermentation In their making make mak ing lag are not prohibited provided they are not otherwise In violation of the the safe law Malted milk Is on list Of special interest to druggists druggists i ithe is the opinion that the law is clear and specific when it prohibits the use orall of or all liquids mixtures or ol or preparations preparations preparations whether patented or not which will produce intoxication This class includes liquids that l may ay or ormay or ormay ormay may not be used as beverages but which are capable of producing in in- in tion I. Language un e is l Explicit Preparations sold as proprietary medicines flavoring extracts perfumes perfumes per per- I fumes or similar fluids must contain con con- I tain no more alcohol than is absolutely absolute absolute- ly necessary to extract the medicinal flavoring or perfume propel ties lies of th the drug oil soap or other ingredient and to preserve the same and must I conform to the Utah pharmacy laws and also to a standard established hed by the state chemist l The attorney generals general's office entertains entertains enter enter- some doubt as to whether the I legislature was aware that It was I prohibiting all such preparations I manufactured In good faith for medicinal medicinal medi medi- cinal or food p purposes when by a amere amere a amere mere chemical analysis it could b be b shown that such preparations coula coule be used a as beverages It was probably proba proba- bly the intention of ot the legislature 1 I Ito to prohibit those preparations which were really beverages but were sold under the guise of food or medi medicinal inal preparations TIle The language of the th ac act t is explicit however the opinion I says that the test Is not to be th the good faith of the preparations but butis butis butis is to be the analysis of ot the state chemist Bitters will be saleable or not accordIng according according ac ac- cording to whether they can In fact be used as beverages provided provid d they contain more than one half of ot one per lef cent of alcohol by volume 0 0 |