The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1881-03-24
ORciaI Construction of Section 10 OF
the Liquor Law. by the Attor-
ncy General.

| STATE OF KANSAS.
ATTORNEY GENERALS OFFICE,
| ToPEKA March l6. 1881.
/ HoH. John p. ST. JokH. GoroHcr:
] SIR: | am in receipt Of your favor asking for my
official opinion upon the following question: Are
the ordinary medicinal tinctures aud solutions, the
| formulate of which given in the United Sta ties
Pharmaeopoea and other works of like character,
and which usually sold medicines snch for in
stance tincture Of arnica aconite. belladonna.
digtalis. spirits of camphOr etc. etc. includcd
within the terms of section 10 of the law recently
acted by the legislature entitled IAN act to prohibit
the manufacture and sale of intoxicating liquors
eept for medicinal, scientific and mechanical pur-
poses, and TO regulate the manufacture and sale
/ thereof for such excepted purposes.
In reply wonld say section ten reads follows ::
"All liquors mentioned in section one of this act.
and all other liquors mixtures thereof. by what
| ever called, that viii produce intoxieation.
| slal be considered and held TO he intoxicating
| liquors within the meaning of this act The
language Of this section is very sweeping. and is
| clearly intended legislative definition of the
liquors, the sale of which Is sought TO he regulated
and prohibited, and inclusive avoid the pos
sibity of successful evasion But there is nothing
| in the law taken a whole which would give color
to the assumption that the legislature had in mind
when II enacted II, any purely medicinal tinctures
the unrestricted sale of such medicines, though
| they were made up in part of alcohol IL is
ta6shed fact in the art of pharmacy that the prop
critics of many vegetable drugs cannot be extracted
except by sleeping them in alcohol and the product
Is in many q rank poison which is administered
by physicians i'll extremely small doses. and even
/
GUS they not usually in fact Mt all sold in
toxieating beverages. Ii cannot he said that the
law anywhere in express terms includes such med
cal tineturcs and compounds within its PROVISIONS
and d construction which would by implication re-
strict their sale would work great hardship and in
convenience to the people, and would hamper and
embarrass honorable and legitimate calling
Neither would such a construction in the slightest
degree forward promote the object of the law,
which was and is To put end to the sale Of all in
tOxicants purchased for beverages.
The scope and purposes of the law to he gath
cred LIST, from the amendment to the constitution in
| pursuance of which the law was enacted: End by
reading and constructing all the sections of the law
together. From them deduce the Legislative pur-
pose To lie, lst. to absolutely prohibi; the manufac
ture and sale of sprituOus malt yinOus and fermen
ted liquors, fer the excepted purposes: ID as
To such excepted purposes, TO place the sale of all
such liquors under such control and regulation as
nreven any successful evasion Of the restriction of
the amendment II cannot. therefore in my opinion.
he the purpose of the law prevent restrict the
sale of the tincturcs and compounds to which yOu
refer which were not before the law passed,
and which are not row. sold for the purpose Of being
used as Intoxicating beverages. OF course il is pos
sie, by large dilutiOn Of the medicinal property
with alcohol, 10 produce uOr under the name Of
medicine which may be sold and purchased with
the intent. both upon the part Of the seller and buy
er, that it is to bo used beverage. But do not
want to he understood expressing an opinion
which would justify such sale / speak only of
what are known oftcnal preparations, and which
are not sold ito produce intONication degree
of intoxieation The druggest is to be held accoun-
table for all sales of ntoxicants quasinedicnal
compounds and whether not they are sold
beverages is a question to be determined by the
court and jury upon trial. 1 further of the
opinion that the same rule would apply TO toilet ar
ucles, perfumes. essences and the like, which are
composed in part of spirits and which not sold
be used as beverages.
Very respectfully yours, &e.,
W. A. JOHNSTON.
Attorney General.