The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-06-02
JUDICIAL BuRLEsouEs S.

EDTToRs News: / notice in your
daily of the Both ult., the proceedings had
in four cases last Friday in the district
court OF Lcavenworth county as copied
from the "Times" of the 2Sth ult. 1t is
claimed by those who perpetrate and
enjoy the joke, that this was n construc-
ton of the new liquor law. So much of
that proceeding as is necessary to an I'M
Outstanding of what wish to say now
quote.
Mr.. Holmes, a druggist of this city,
was charged with four violations of the
law-First, by selling "bay rum" for
toilet purposes; second, by selling "tinc-
ture of gentian compound" for medical
purposes; third, by selling "MGLean's
Cordial" for medical purposes, and
fourth, by selling "essence of lemon,"
for culinary purposes. The information
filed by the county attorneyin each case
charged that the articles sold would
"produce inLoxication," and that Mr.
Holmes had no permit 20 sell the same
from the probate judge.
The defendant moved to quash each
information, claiming that neither stated
he had been guilty OF offense.
We have a constitutional provision
(Act III, Sec. 169 which says that "no
bill shall contain more than one subject.
which shall be clearly expressed in its
title, etc.; and our supreme court early
held that this provision was mandatory.
The title of the new liquor law, CHAP.
1913 laws of 1SSD is can act to prohibit
the manufacture and sale of intoxicating
liquors, except for medical. scientific
and mechanical purposes, and to regu-
late the manufacture and sale thereof
tor such excepted purposes"
The object of this law, the history of
the agitation which made it possible
and the evil aimed at, are well known.
1t seeks to reduce to the lowest attain
able point the drinking of intoxicating
liquors as a bererdge. These facts must
enter into every sensible discussion of
this law. While the Legislature went to
great lengths in endeavoring to thwart
the subtle intrigues which were certain
to be resorled 10, it aimed its rigid man.
dates only at the evil, not at some forty
second cousin. This is apparent from
reading Section 10; "All liquors men,
toned in section of this act, and all
other liquors or mixtures thereof, by
whatever name called, that will pro-
duce intoxication, shall be considered
and held to be intoxicating liquors
within the meaning of this act"
Tue liquors mentioned in section one
are, spurious, malt, vinous, fermented
or other intoxicating liquors."
1t was not charged in either of these
four 'test" cases that Mr.. Holmes, under
the guise and name of these innocent
articles of common use, was selling in
toxicants TO evade the law, but the in
ference remains that they were just what
they purported to be and were commonly
understood.
( No possible motive 10 make such CON-
plants could exist, except to make the
law odious and bring upon it the con-
tempt of all good citizens. Leaven-
worth, with its decade of unrestrained
drinking privileges and high taxes,
seems emulous OF further notoriety. Who
believes any one could drink, or would
have the stomach TO drink, enough of
shay rum" to get intoxicatedg These
charges would be on par with an arrest
of a man for cruel treatment to animals
when all he had done was to successful
" keep at bay vicious dog which was
seeking his life.
The selling of Il spirit level comes
thousand times nearer violating the