The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-20
OPINION OF ONE OF THE MAGISTRATES
AUTHORIZED BY THE ACT TO ADJUDE
~ nj

The law regulating the sale Of intoxicating liquor,
it is termed in this State whatever the legislature may
have intended does not in fact it would appear pro-
hibt the sale alone and of itself Of sprltuous vnous
malt rquor. The prohibitory section (sec says
Intoxicating liquor, except hereinafter provided
shall not be sold or kept for SALE or with intent to be
sold, &c.
In definition Of its meaning, the act declsres---
Gee 20. Intoxicating liquor and liquor as used in this
act shall be construed to extend to and include
alcohol distilled and malt liquors. and all liquors that
can ntoxcate, and all dragged liquors par. OF which il
alcohol, distilled or malt liquor.
Z In common par. ance, wherein we often substitute
effect for cause, connect them together, under
stand By the words s'intcxIcating liquor" liquor
which has been the cause Of ntoxcaon or which has
drinking.
The ecaraoIy part Of the act announces the viii and
q hs and expressly declares tha.
that can intoxicate"
Legislature has adopted language which describes the
effect by iquor after drinking it, as intoxcst
toxicating hqnor;'' and only regard this effect
the criterion By which to determine the quor
has selected this manner of description rather than
the language Of tins probihtory laws of other States
be uniawfuI any person sell keep saie any
yinous sprtuOus, malt or brewed liquor any admix
If the Of New York nS S.e ,nsds
such enactment, there would have been difficulty
ia uneerstanc ing its meaning TAe article prescribed is
here pointed out by the process OF manufacture-no
matter whether 1t is used and otoxicatss It is
not named intoxicating liquor liquor that caainboxi.
caie 1t Is sprituous vinous, malt brewed liquor.
rhiB 1t is forbidcea to SELL
As there is such thing as intoxicating liquor,
except it has had the effect of Intoxicating, and only
intoxicating liquor when within the stomach
operating the bain of the persons trink.sg it,
liquor, matter what experience its charsc
ter may teach us Of its power TO iutoxicate can
90 unless used ana applied IS to- operate
IN such way, it follows, from the description
given Of the sale Of liquor prohibited that to
constitute offence under the act, IL must be sale
Of liquor which has had tie effect Of Intoxicating the
person drinking It. Then legally know IL ID liquor
ssthat cGn intoxicaten Whan evidence car be given
before magistrate that liquor cold ut given time had
the efe 1t Of intoxicating the person drinking H. then
and nct tall thsn william ovott and offence be estab
mhed. The liquor, then Ike the nstrumsnt Of homi-
eide, at common law BECOMES forfeited deoiand to
the STATE It Ia alone in ths view that seizures liquor
unde this act Co made, and the destroyed.
storesouse full Of liquor can be kept and sold with n.
puuiiy, long there evidence that the hquor
od not uaed for the purpose Of intoxieation and
can Only the quantity stused" be destroyed.
The act ia named Act for the Prevention Of Inten
pefsnce Paupsfiam and Crime, and intended, 70
pevent the immodsrste of liquor, regarding Aas
er and the purchaser who drinks to ntoxcation both
delinquents, subject to penalties This bc proper
and reasonable, and should be axactsd-Dat nothing
more.
As one pamed in the act to ad;udicats thereon have
considered expedient express these vie concerning
H. in order to correct what appears to be
opinions in relation thereto. MAGISTRATE