Show ibi ay iy IT LAWFUL ron FOR STORES TO SULL JAMAICA GINGER IN 11 ty TheAt boye question has been tho the e ot of much trouble to the peace bitI cers of millard county tor for some eoma ti atme me pat past and lit in order to got at the facts tit in tile the matter county At oriley king kine tills has briten to lo tho the attorney general 1 l of this state for or an opinion by which ho he could be guided lit in prosecute any cases of tills this nature that ivera brought to ills department for or prosecution L ec the answer of 0 Atto attorney filey general barnes Is contained in ili tile the I 1 following letter which wu print at tho the request of mr kings king the tha letter all aws state of 0 utah legal department salt lake city dec 21 1915 lion it II IV king county attorney millard county fillmore utah dear dea r your favor of th the 0 leth last you ask k tho the following question Is it lawful for stores to sell ja jamaica ginger in ili try dry territory tile tho answer to the question depend upon the character of the article sold is as being intoxicating or otherwise it if it may be used as a beverage beve rago and produce intoxication it would come within althin the statute prohibiting the sale t f intoxicating legors in kentucky ahey convict persons fier sons who sell jamaica ginger and lit in that state the courts take lake judicial notice of tho the fact that jamaica ginger la Is an intoxicating 1 11 I luor just as tt takes judicial notice ut the tact fact that whiskey la Is an inton va Is commonwealth ky it tin mixtures or x compounds are classed by tile the united otates commissioner of internal ilov jisuo as subject to the united states internal special tax as an intoxicating liquor insufficiently medicated to ender them unsuitable as beverages they would come within the prohibition of tho the statute see sec 16 chap laws of utah 1911 upon receipt ot of your inquiry I 1 conferred with the federal revenue officers here and I 1 was informed ti that lat jamaica jamalca ginger was taxed under the al internal revenue laws in all cases where it was sold to be used as a beverage when so BO used there Is of 0 course no question about its corn coming I 1 ng within ill the law it appeals to me that tho the attitude attl tudo of at tho the kentucky courts might well bo be adopted in this state tho the fact that it la is called ia jamaica malca ginger or any other ame aade should make no difference tile the article Is used for or the purpose of producing intoxication yours truly A BARNES B attorney general genera |