Iron County record. [volume] (Cedar City, Utah) 1893-1982, 1904-02-27
INTOXICATING LIQUORS.


Our attention has been called by one
of the city authorities to the ques-
ton of what are Intoxicating liquors
under the law; it being claimed by
some of our citizens that alleged me-
dicines, such as bitters jamaica GIN
ger, and other preparations that it
rs well known will produce intoxicat-
ion, do not come within the power
of the law to prohibit being sold;
while others take an opposite view OF
the matter. In this connection it is
said that some time ago case came
up before the court of the Fifth Ju-
dicial district in the city of st,
Seorge in which the city maintained
)at they had the right to prohibit
nc sale of this class of medicines,
And which resulted in the defeat of
the municipality. We are reliably
informed that no such case has been
tried there. In view of the fact that
our dealers have been notified by
the city officers to no longer sell this
class Of medicines, it is an interest
ing question as to whether the law
will sustain the action of the city or
not. In the interests oil peace and
good feeling we present an
an extract from the great modern
law work, The American and Eng
iish Encyclopedia OF law, on the
subject of what is considered by the
courts to be intoxicating liquors.
The work in question after quoting
from number OF cases in explana-
ton OF the matter, sums up the ques-
tor in the following language:
"BIrTERs AND OTHER MEDICINES,
-r4 Jfl nas s s.: n = intoxicating sgi1r
liquors does not Apply to medical
preparations in which alcohol is used
in quantities capable OF producing
intoxication, such as btters, tlnctures
and the like, which are in good faith
made and sold for medical purposes
but that it is otherwise with intoxi-
eating liquors intended to be sold
and used as beverage, though dis.
guised by some tincture or prepara-
ton SO as TO have, TO some extent
the flavor or appearance of medicine,
The prevailing opluion, however,
seems 70 be TO the effect that if the
article sold is not changed in char.
acter, but still remains an intoxicat
ing liquor, the addition OF roots,
herbs, bark, and the like, will not
take it out of the operation of the
statute. 1t has been held that as to
articles not known TO a given for
mula and sold under specific name
as bitters, cordial, tinctures, and the
like, whether they are withinthe stat
ute is a question OF fact for the
Jury and not question of law for
the court, the rule'or test being that
If the compound or preparation is
such that the distinct character and
: effect Of the Intoxicating liquors
are destroyed and its use as an in
toxicating beverage practically i'm
possible by reason of the other in
gradients, then 1t is outside of the
statute; but if on the other hand, the
Intoxicating liquor remains as dis.
tinct force in the compound, and
such compound is reasonable liable
10 be used as an Intoxicating bever.
age, then it is within the statute"
1t would seem that where dealers
have the welfare of the community
at heart and are aware that these
articles are being used in the inter
ests of intemperance it would requi
re no force to induce them to dis.
continue the sale of such a class oil
merchandise, and we do not believe
that we have any dealers in our city
who will continue to sell such thing.
after they realize that to do so is tc
assist in injuring the moral status o
the community. We also believe
that it is better in cases like this t
ask men to do what is wanted thar
to order them to do it. There ar,
but few people that relish being
commanded or ordered.