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Eberle Brewing Co. 1914 Legal Troubles This information is from the 1914 Yearbook of the United States Brewers Association. |
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The Eberle Brewing Co. was charged with having manufactured beer in a county, after it voted dry, in violation of the statute. Their defense was that the beer was not manufactured for sale, but to be used in causing re-fermentation of 1,600 barrels of beer which were on hand at the date of the election, with a view to making it saleable, and thereby saving themselves from loss. The defendants were not charged with selling beer which was in their possession when the Local Option Law went into effect, but with manufacturing beer several months after it's adoption. The Court ruled that the fact that this beer may have been made for use in starting re-fermentation does not affect the principle involved, for the right to manufacture beer to be utilized in giving value to an unfinished brew is no more protected by the Constitution than the right to manufacture beer to utilize the brewery, and thereby preserve the value of the plane. Liquor laws may operate to depreciate the principal value of distilleries, breweries, and other property in use and on hand when the law is passed, but it has been held in many cases that such depreciation is not the taking of property prohibited by the Constitution." |
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Revised: December 30, 2006