The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-17
WHEN IS A MAN DRUNK?
BOSTON JUDGE DISCOURSES ON
THE SUBJECT.
Holds That Common Sense Must be the
Guide in Determining twin Not
Accept Chaucer

Judge Burke of Boston disagrees with
Judge Dewey of Boston i'm the matter Of
| defining the term drunk and holds
that the man who displays the symp-
toms of intoXicatiOn, which, though Lu-
merous and various, are generally I'M
derstood, is, properly speaking drunk.
For example, If man at Il. IN. is seen
to be engaged in an anima-ed dispute
with lamp post, or If a man attempts
TO light his cigar a a waterspDut, il is
the usual thing to consider such II man
more or less under the influence OF
alcohol
II have been asked" says Judge
Burke, IF ! would follow the recent de-
CisOn in this court by one Of my assoc
ciates as to the crime of drunkenness.
and | reply that | cannot / find it Just
as easy TO determine the question, Is a
person drunk as to determine the
question, Is he overcome. The diction-
airy gives me no aid or comfort I'm that
for we are Immediately thrown back on
the proposition, When is a man over
Gomez"
Judge Burke, nevertheless, feels that
a liberal Interpretation should be
given to the dictionary definition
that drunk means overcome fren-
lied by assuming that the person
who surrenders the use or control Of
any Of his faculties, as a consequence
Of drink, is drunk. THE man he says
Staggering upon the street has sur
rendered the control Of his limbs, and
is therefore. overcome to that extent.
If, therefore, a man is found staggering
upon the street and incoherent OF
speech by the voluntary use of intoXi-
eating liquors, / should be required. as
| view the law. to hold him as drunk,
unless these conditions were explained
away"
Every man who staggers upon the
street. as the learned Judge IS quick to
point out cannot be said to be drunk,
for that condition may be brought
about by an infirmity or disease.
Neither can every man who Is incohe-
rent of speech be properly called in
toXicated, for the same reason. Com
mon sense must therefore. step in and
decide as to the cause of the staggering
or the incoherence.
Leaving out the extreme views Of
the prOhibitionists," says the judge,
"and viewing il from the standpoint Of
temperance, that is to say, the proper
moderate, controlled use of all things,
think IL would be an evil day when the
public accepts as morals or law Chau-
GERS poetic definition Of drunkenness,
that a man must be able to reach the
gutter and be unable to rise therefrOm
before he can be determined drunk"
Judge Burke, without presuming to
define the exact condition which a man
must be in when he may the legally
considered drunk, decided in the case
which brought out this ruling that the
prisoner at the bar who was found ly-
ing stupid upon the floor Of his house
was certainly very drunk at the time
because If he had not been very drunk
he would not. i'm the first place, have
selected the floor for his bed, and I'm the
second Mace ne Wonl1 NOT have been
so stupid when aroused from his slum-
Der.
Common sense, rather than the law
or the dictionary was the courts guide
In the matter, and common sense and
the appearance Of the prisoner led
Judge Burke to enter "A sentence of four
months In the house Of correction.