Mexico weekly ledger., 1888-03-29


any person within the limits of
such county to sell intoxicating
liquor etc. Here is an absolute
and general prohibition against the
sale of Intoxicating liquor, by any
person, whether merchant, dram
shop keeper, druggist or anybody,
else, and consequently all former
laws authorizing merchants, dram
shop keepers and druggists 10 sell
intoxicants IN any mode or for any
purpose are In necessary conflict
with this statute and must fall, for
the two cannot stand together; one
permits the privilege under certain
restrictions while the other denies
the privilege under any and all cir
cumstances. If this section was
unqualified bya succeeding sec
ton, to which reference will be
made presently, could there be any
doubt that this legislation covered
the whole subject of the sale of in
t~oxlcating liquor and therefore re-
pealed all former laws authorizing
its sale in one manner or another,
and made it positively unlawful for
any person, whomsoever, to sell
any kind of intoxicating liquor
whatsoever, whether under a dram
shop keepers license and bond, or
a druggists license or a physicians
prescription? Most clearly not.
Then if there is an exception to
this sweeping and general denial OF
the privilege of selling Intoxicating
liquor, it ought to be found in the
act itself, and we see in the Sth
section. that there are two kinds OF
intoxicating liquor, and only two,
which may be sold. First, wine,
for sacramental purposes; End, pure
alcohol, for medicinal, art, scien-
tifc and mechanical purposes, by
licensed druggists or pharmacists.
If all kinds of intoxicating liquor
can be sold by a druggist under a
written prescription of a physician:
under a former law, what is the
sense in this law saying that pure
alcohol may be sold for medicinal
purposes, it, together with the
whole family of intoxicants, being
authorized by the former lawi
Why was it necessary that the
Legislature should say that "pure
alcohol" might be sold for medici.
nal purposes, if all kinds of intoxi.
eating liquor could be sold for thai
purpose? And, again, suppose
Judge Ryland's construction of The
law is right, under which law il
a druggist, who sells whisky with
out aprescription, to be prosecuted
:, The law of 1888 provides that
druggist selling intoxicating liquo:
: without a written prescription
shall, ON conviction, be fined no
less than 500 nor more than $500
The Local Option law provide
that if any person violates the pro
visions of that act-that is, by sell
ing any kind ofintoxicating liquor
: except wine and pure. alcohol for tn
5 purposes indicated--they shall, Oh
4 conviction, be punished by a fine Q
not less than $500, nor more thai
$1,000, or by Imprisonment in tn
County Jail not less than six no
more than twelve months, IT b,
, both such fine and Imprisonment
Now the druggist who sells whisk.
+. without a prescription has violate
both laws, and consequently ough
to be punished under both, an
we would have al instance, unpar
alleled in any code, of two separat
punishments under separate laws
assessed against an offender for on
offense; or does it lie within til
epower of the Prosecuting Attorne
and Grand Jury to have one ma
d indicted and punished under tn
e first law and another man, for tn
same offense, indicted and punisf
ed under the Local Option law
In the one instance the punisf
ment can not exceed a fine of 500
f. while in the other punishment ma
d be a fine of $1,000 and twely
,fi months confinement in the Count
,e Jail. Is such a construction to /
. given TO our laws that the pros
I. cutting officer may legally mai
J. fish of one offender and flesh
q another for the same offense7 O
a do we all stand before the law /:
equals, subject to the same punisl
Y ment, for the commission of
u same offense? The constructio
given the Local Option law by Juds
g Ryland would involve us in Il
= inconsistency and complication
intimated above and lead thinl
ing raen to entertain a contemy
to- for such laws on account of the
le double punishment or their unju
/; determinations.
be Several gentlemen of the vicinit
ut of Mexico will experiment
Gallery culture the coming season.