The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-02-23

The inquiry is frequently made. does the Ind-
ana Temperance Law prohibit the manufacture
of liquor to be sold out of the State? We think
it does. The law is entitled IAN Act to PRO
HIBIT the MANUAL TURE and sale ofntox-
icating liquors" &c The Legislature evidently
designed the title TO express the meaning of the
act. They say is to prohibit the manufacture and
yet they subsequently prescribe rules by which
it may be made, but of such a character as viz
tually to prohibit it.
The first section provides That no person
shall manufacture, &c, any spirtuous liquors. ex-
cept as hereinafter provided
The 4th section provides that the County Com
missioners may license persons to manufacture
spirituous liquors, at such places in the county
as the commissioners may designate, and to sell
the same at such places only to the duly authori-
zed county agents. bond being filed, condi-
toned that the manufactures will not violate the
provisions Of said Law touching the manufacture
or sale of spirituous liquor And every act of
such manufacturer il selling any spirituous IL
quor to any other person han duly authorized
agent, shall subject the manufacturer to proseou-
ton and forfeit license.
Sec. . states THAT every person who shall
manufacture any sprituous liquors in this State,
in violation of Lac, wiMom authority Of Lar.
shall be deemed guilty of misdemeanor and
fined, &c.
Sec. Is provides that no person shall own or
keep any spirituous liquor. with intent to sell the
same in violation of law, and if any person do.
he shall be guilty of a misdemeanor, and fined.
&c, and upon trial of such charge, proof that
the liquor was found on his premises Except his
dwelling shall be presumptive evidence that the
liquor was kept for sale contrary to law.
Sec. 14th provides that all intoxicating liquors
kept by the owner for illegal SALE shall be deemed
a nuisance and destroyed, &c.
Now, if persons are forbid manufacturing ex-
cept as and where the commissioner may direct
is it not in the power of the Commissioners to
prohibit altogether? Suppose an applicant for a
license to manufacture, is granted the privilege
for one year. at some point in the county where
it is impossible to.erect distillery, is he not vir
tuay prohibited? If he should manufacture
the 4th section provides he shall only sell to
thorized agents. He can only manufacture for
that purpose-to sell to agents. BY the 18Th
section it is provided that the mere fact that a
man shall own or keep whisky, is evidence that it
is for illegal sale, unless upon trial he can show
that it was manufactured and kept for OF
county agents. which, of course, he cannot do,
if made for sale out of the State. and the whisky
would be confscated before it could be taken to a
foreign market
The law permits any to bring liquor into
the State for his own or family use, but if he
sell it or give it away the most indirect induce
ment TO sell any article, he is liable TO the penal
ties of the law.
The spirit and evident intent of the law is to
prohibit the manufacture of intoxicating liquors
for sale. and we are inclined to think that the
distller who attempts to make liquor for an out
side market, will find himself mistaken