Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-02-21

by the common meaning of terms, it is
evident that alcoholic was used to
designate spirits. The temperance sd
vocate would answer, But this is fol.
lowed by the term Intoxicating which
extends the meaning" No" says the
liquor men, "this is contrary to the
well known rule of Interpretation
adopted by the courts. that when a
general term follows one that is specific
it must be restrained to things ejuSdem
qederis, that is, things of the same
nature, and therefore the term 'intoxi-
eating can not be extended beyond
Spirits or alcoholic to other liquors
of different kind. Besides" he says,
"the word Intoxicating is used as an
alternative only of alcoholic as seen
in the very form of the sentence which
uses or and not and"
After pursuing this line of argument
somewhat further Judge Agnew de-
clares: "Now the whole controversy
is eliminated from the form by simply
dropping the word alcoholic in one
place and adding "vinous' in another.
The general term Intoxicating liquor
then prohibits all such liquors and all
doubt is removed as to wine by
'vinous'" He then proceeds to the
second branch of the subject as follows ::
But there is more serious objec-
tion, feet in the form. Two things
must be provided for: lst, the unldaC-
ful manufacture and sale for beverage
I'd, the lawfM manufacture and sale
for other purposes. Now the drafts
man of the form in the petitions puts
the subject of lawful making and sale
right into the belly of the unlawful
subject in these words: "But the man.
ufacture and sale of such liquors or
compounds thereof for purposes other
than beverage shall be regulated by
law" Now, while this may be under
stood, a clearer mode, the purpose be-
ing essentially different, was to carry
the unlawful out into a new section.
This would keep the purpose of each
distinct and better defined But this
is not the serious defect referred to.
The regulation of the lawful business
is most important feature, and If
not properly guarded will lead to
fraud and pa. tai defeat of the main
prohibition by the manufacturer or the
seller, and also will lead to failure of
proper legislation if the Legislature is
adverse. AS the form stands in the
petition it provides only for penalties.
But penalties depend on prosecution,
Il L. C.
may avoid in many ways. Every
Judge who has presided in the Quarter
Sessions knows the difficulty of con-
viction. The Commonwealth must re-
sort to the ranks of the customers for
testimony, and they dodge or disobey
process, and when caught prevaricate.
Hence it is important to have clause
in the amendment which will guard
against evasion. This is done by
adding the word Securities after
penalties. The Legislature will
then be bound to provide bond or
other ins strument, and sureties to be
given by the manufacturer and dealer
to obey the regulations provided by
law for bis business, and prevent him
from using his privilege in fraud of the
amendment. Had this gap been left
open, and many escaped, on my head
would the first shower of wrath from
prohibition skies fall, as one whose .ex-
perience ought to have guarded better
its fortress.
In reference to the word "vinous,"
dwelt upon by mischief makers, l
have this to say: If the word "ferment-
ed" was intended to include w,1es, as
1t ought, the word "vinous" does no
harm and only makea It palmer If
this word was not intended to include
wines, then the liquor advocate is
right in his Interpretation, and wines,
etc are not prohibited.
The use of "vinous" does not eff
feet the sacrament. The prohibition
is against wines as beverage, the
same as other liquors, and therefore
cannot be applied to the holy cere-
mony of the Eucharist. No Court in
Chrlstendom would support an indict-
ment or penalty for the sale of wine
to be used as an element typify ying
the blood of Christ in that sacred
ceremonial.
The letter closes by repeating the
opinion expressed by Judge Agnew in
his address Of May, 1882, that at this
time the form of the amendment is hot
of so much consequence as the union of
temperance men to secure a majority
of the Legislature and favorable con-
sideration OF the amendment.