Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-03-13

'SAhANAiNH h4AS 0COiis~Sii 0'ai %
and to administer them accor-
dinghy. 1t must however be
taken incidentally under advise
ment, and not as a beccrGge,
(which Webster defines, water
ed cider, or with a,simds- reren-
tend, that is, in the French Ian
guage, an intention to return to
drink. (See Youatt on diseases
of horse, marginal paging.) !
Now this beverage, (watered |
cider) in its new and unfermen-
ted state-a state highly favored
by the leaders in the temperance
reform, has by immcmorial as-
age been drank OF rather imbib-
ed at the mill of the manufac-
turer by all classes, and partic-
ularly by those under twenty
one years of age, by sucking it
through straws, and the object
of the Legislature in framing
the statute seems to have been,
not so much to prevent the
drinking Of Intoxicating liquor
in n suitable manner, as to pre-
vent its being drank as a beyer-
age-that is, i'll so ridiculous and
disgusting a manner as sucking
through a quill. (See Governs
ITeatise,p. H. The author Of
the bill had doubtless seen some
dandy make an ass Of himself
in drinking a sherry cobbler.
1t is clear, therefore, that the
drinking of intoxicating liquor
through q gull, would be one of
the abuses which the statnte
designed to prevent, and would
be a violation.
Second, As to the quality of
the liqnor which may be sold.
The third section provides that
the agent shall not sell, himself,
nor suffer impure liquor to be
sold. To give full force to this
section the first and third sec.
tions should be read together; as
the first section provides in eff
feet that no person engaged IN
or about the arater, (great stress
is every where. laid upon this
term, J shall be authorized to sell,
and that the liquorshall bestrong
enough to intoxicate; and the
third section provides that the
liquor shall be pure by statute.
The two sections together pro-
vide that the liquor shall be free
from water or other like impuri-
ties and strong enough to intox-
icate. (For what's intOxication
see 2 Smiths leading cases, page
1922 No brandies or other
liquors colOred like brandy, ex-
cept those Of the purest and
choicest kinds of foreign impor-
tation, or made to resemble itas
nearly as possible. and worth at
least three dollars a gallon can
+ be distributed. by heaGcnt with
out violating the spirits and the
law. This provision was evil
IDENTIFY designed to be, like the
liquor, particularly astringent.
The sections which relate to
the search, seizure and Geltruc-
ton Of liquor kept, watered,
sold or, drank, as a beverage
and not incidentally, in viola
ton of the liquor law will now
be considered.
The seizure and obstruction
clause has been considered one
of the ha"shest features Of the
! law, and the provisions by which
IT is authorized have been the
most censured, fox the reason
that it has not been general
understood. But it should be
remembered that the party
and the liquor arc both to be ia
Ken, and there is to be a trial Of
both: there is to be a full hear
ing Of the party interested be-
fore a justice of the peace, who
may have such constitutional
advisers as be may choose to Sc
lect. He will also have four
days for determining the quality
of the article, and it will be his
duty to do it by actnal measures
ment, (for by section seven its
quality is not to be determined
by the Custom House mark:s,(
After all these precautions it
will be seen besides, but no liq-
uor is to be destroyed except
such as is "kept contrary to the
provisions of this act;;"-that is,
no liquor is to be destroyed
except such as is kepttoo eCeak or
too inapere to intoricdte, land
all other ought to beg. And all
liquor kept free from weakness
or adulteration,) as prescribed
in the first and third sections is
restored. undersigned had
anv question CONCERNING the