The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-07-08

ant medicines, the bitters. cordfaIs. s,.a IJn,cr
Of the day. Here also are sucn Som as;ons be.
fore us. Compound of whisky, tolu ana WHO
Now, in reference to these several classes Ts
ve think these rules may be laid down. ING
first class Is within. and the second Wit9Vu.s
the statute and the Court as matter OF Jaw
may so declare. It's unnecessary IN cn IsasSe
;n~ the Q ale of whisky. brandy, etc., 70 aiie&S
that it will produce tnt"xication, nor VIII -
hing the sale of essence of lemon within inc
statute % aiese that s@sn essence sens .s I {pdi-
ciai notice of the uses and character OF tneSc
articles. You need not prove what bread =
or for what purposes i Is used: NO more ore o.,
had. or cologne or bay rum on the other
They are all articles of established name anu
y, refercnce to the third class the question
ia one of fact and must be referred TO the jury:
IF the compound or preparation De sucn tnaI
the distinctive character and enecs OF lntoNl-
seating beverage is practically impossible by
rea son of the other ingredients. II Is HoS VIII,
i'm the statute. The mere presence on Mc ;.hi,
does not necessarily bring the article wntnln
the prohibition. The influence OF the alcohOl
NAV he counteract ed by the other clemens
and the compound be strictly ana ialry Oniy
. medicine, On the other hand. the 1nto1l-
eating LIQUOR remain as a distinctive force In
the compound. and such compound Is rea-
sonably liable to be used as an ihtoAcaunS
beverage it is within the statute, ana TINS
IN .noI1 it contain many other ingredients OK
IN iSdencndrnt and beneficial force in coun-
tsracting disease or strengthening the sys.
tom Intoxicating liquors or mixtures tnereOI~
This reasonably construed. means liquors
which will intOxicate and which are connon
" used as bever ages for such purp oses, ana al-
SO any mixtnrss OF ssGn Il NAV fairly be
presumed might be used as a peverage anu
become q substitute for the ordinary intoxi-
eating drinks Of fe cass is then
within or without the statute Is question OF
fact to be established by the testimony and
by chat the Of
certain per cent. of alcohol brings the com.
pound within the prohibition, or that any
particular ingredient does or does NOT 9 aestTOy
prevent it from ever becoming an ntoAlcat-
ing beverage. OF course the larger per cent
of alcohol and the more potent the otner IN,
within or without the statnte, but In eaSh case
the question is one of fact and to be settled
as other questions OF fact. Estate vs.; Lmrier.
Conn., vs. Ramsdell, Sup. Ct. Mass, % Al. Law
Journal, p. al.
Entertaining these views OF the true meaning
and constructs on of this Statute the SeveraA
cases before us must be disposed of as follows:
In 227s, 2279 and 2sSI, in which cases defendants
was charged with selling bay rum tlncture
oentian and essence of lemon respe lively,
the Judgment of the District Court sustaining
the motion to quash the information Will pc
sustained. In 22S0. 2s95 and sES. IN when tno
charge was SelnnS McLean COI uitL, a P.op,
aratiOn of WHISKY, tulu and wild CHERRY, anu
Prickly Ash Bit;ers, respectively, the railing
ouashing the information will be reversed and
tine cases remanded for trial. In 2293 and 2294r
in which the defendant! were convlcted OF
selling brandy and alcohol respectively, the
judgments will be affirmed.
In these cases we have at the request OF
counsel not stopped to consider any mere
technical or formal question, but have gwen
Our entire attention to the more importane
matters of the validity of this p prtion of the
statute as a whole and its general scope ana
| extent. Matters of form and detail will be-
| disposed of as they shall from time to time be-
presented in subsequent cases.
| All the Justices cOncurring.