The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-06-13

sverally or jointly, against any person or
persons who shall, by selling or giving
intoxicating liquors, have caused tho 10.
toxicatisn, in whole or in part, Of such
persor or persons and any person or per.
sons owning, renting, leasing, or permit
ting the occupation Of any buiidu or
premises, and having knowledge that in
toxicating liquor. are TO be sold therein, or
who having leas I'd the same for other put-
poses shall bnow,ngly permit therein the
sale OF any intoxicating liquors that have
caused, in whole, or in part, the intoxica.
ton of any person, shall be liable, sever
ally or jointly, with the person or persons
selling or giving intoxicating liquors
Aforesaid for all damages sustained and for
exemplary damages
The court holds that, whereas the whole
law is highly penal in its character, it
must be strictly construed and that such
construction changes its apparent mean
ing.
The statute, the court says, declares
that the acton may be maintained
against any person who by selling or CIV
ing away intoxicating liquors, shall have
'cnuscd the intoxication in whole or IN
part of am other person This seems
to be very plain language, but the court
holds that IL does not render saloon
Keeper liabls for the consequences Of
SAFE Of intoxicating liquor without regard
to whether he sold or gave it to the same
person who afterwards drank il, and that
1t does not render him liable for selling u
ass OF liquor TO a sober man who subso.
qnently proeures more liquor from some
other person ard becomes intoxicated.
This position tho Judge sustains by very
strong argument. lIo holds that the
traffic in liquor is lawful when done with
a license and that it cannot therefore be
fair construction of the law tina. an act.
rs for instance, the selling of glass Of
liquor TO sober man, which is lawful at
the time i. is done shall afterward become
unlawful by reason Of tho onseGuences
which follow it, Hr' says the Judge, Eat
the time the saloon.koeper sells tho liz
nor the person is sober, and is neither IA
minor. nor person in the the habit Of
getting intoxicated, the &C. il clearly law.
'ful and the fact that the Hluor is taken
by some one, other than him who buys it.
WHO becomes drunk, or that the same per.
son who buys it also drinks it, and subsc-
'qhently obtains more st other places upon
which he finally gets drank, cannot alter
Tho case, unless tho 9th section is TO be con-
trued as prohibiting entirely tho sale OF
Intoxicating liquors Since absolute pro-
h bltion was not the Intention of the legis
lature, the Judge therefore concludes, that
so far us the liquor vender is coLcerncd ii Q
declaration should aver either that the liz
upr was sold to one of the several CLASSES
Of persons to whom its sale is declared to
b, unlawful, or tina, it was sold with the
intention, knowledge or expectation that
IL would cause the intoxication in part or
IN whole of the person or persons whose
lntoKication resulted in an injury to the
plaintiff
In relation to the owner of the premises
in which liquor is sold, Judge Tree de.
cides that it is not a sufficient allegation
that the owner permitted The occupation
of his premises for u saloon, but that i,
mus' DO .Is" allies 81 ."L "I,Lv appear
thai he knowingly permitted liquor to be
sold to the person whose intoXicstion was
caused IN the manner necessary to charge
tho saloon-keeper, because, in order to
have an opportunity t. prohibit an unlaw.
fll sale, the landlord must have knuwl. |
edge that one is to be made and until on
3, made he cannot terminate the lease,
which lie the protection furnished to him
by tho statute against liability. In other
words the statute which authorizes him
10 forfeit the lease in case Of an unlawful
sale is no protection to him, if his liability
is fixed without any notice to him, or OPP |
portunity to assent to or prohibit the in |
tended sale.
The case will be taken TO the supreme |
court, which will probably sustain Judge
Tree