The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-05-31
PROHIBITION.

A recent Dispatch from Lsavenwortb,
X snsas, shows to what foolish extreme the
prohibitionists ofthat state went when they
passed the prohibition amendment to the
constitution, and legislated Hereunder. The
dispatch reads as follows: "Four cases are
before the district court of this county to-
day, involving the construction of the pro-
hibitory amendment to the constitution, and
the act Of the legislature to carry it into
effect. Mr.. Holmes, druggst Of this city,
was charged with four violations Of that
law-hrss, selling bay rum for toilet purposes;
second, In selling tincture of gentian COM
pound for medicinal purposes third, in SELL
ing McLean's cordial for medicinal purpo-
ses, and fourth, in selling esecence of lemon
for culinary purposes. The information
filed by the county attorney charged that
the article, sold would produce in!oxcs,ion,
and that Mr.. Holmes had not permit to sell
the same from the probate judge. The de-
fendant moved to quash each information,
claiming that under neither statute had he
been guilty OF public ofIense. Judge
Or r, in sustaining the motion to quash,
deliy.sca an elaborate opinion, the main
points Of ich are as follows: That under
the amendment the constitution cannot
prohibit but only regulate the sale Of intoxi'
eating liquors for mechanical, medicinal, and
scientific purposes, but that in attempting 10
define the meaning Intoxicating liquors, he
says that any liquor or mixture thereof that
will produce inloxication shall be classed as
Intoxicating liquors in the meaning OF the
act and II shall be prohibited, and hence
the allegation tha! the articles sold we're
Intoxicating liquors in the meaning of the
law must be taken Of the law. Therefore
tho court held that, inasmuch as the law
undertook to prohibit the sale Of articles
which under the amendment could only
regulate it, il WAS unconstitutional, and that
the act was further in violation Of the
constitution, because II undertook t. confer
Judiciary powers upon the pr bG!o court
TIE gist Of the decision il that Ell, Il hr. cei
as cologne and tinctures are proaiJited by
the law, but the law itself is unconstitu
tional." The result CT such extremes il
legislation ia that it defeats the measures
sought to BIO established. Even i
the consumption of whiskey, brandy
gin, rum, wines, beers, porter
ale, etc. as beverages be considered wronl
and DO prohibited by law, where ia tn
reason or sense in saying that man shall
not buy bsy-lum with which to dress hi
, hair, CT essences with which TO season hi
food, or medical preparations, patented b,
the government which he believes will benefl
his health? Such legislation is not onl,
: rid iculous ard nonsensical in tho superla!iv
degree, but it is tytanuical, oppressive an
subversivo of liberty. There are vegetarian
in the world who believe that meat of ever
kind is iljurious to tho health and produt
0 tive of all manner of diseases. 1t would
Juss ns rensohaoie, Juss as ofu''ooio lor thet
r to insist upon the prohibition of all kinds
: meats for table use, AS for temperate
0 people in their enthusiasm to d.
mand the prohibition Of medic'
q preparations, food flsvoring extracts, OF
The Ksnsans hsvo shown themselves to
fanatics on this subject, for they have gon
so far as to make i! q penal offence to II,
9 wine at the sacrament in the churches. TIL
temperance people of Texes will hold sta
|, convention in this city during next mont
u and II IL said that the question Of prohibitic
! will be an issue 10 the next state electo
There is one thing sure, if this conventic
goes 10 the extreme in its demands that Il
Kansas people did, sure defeat awaits then
There is such thing as being Incorporate
q temperance matters, and of all intemperan,
u 10 tho most responsible.