The Republican journal. [volume] (Belfast, Me.) 1829-current, 1905-01-19
DEFINES DRINK.
Justice " iswell on the Laws Meaning. Per- |
centage of Alcohol not the Test of Lii


Justice iswelI on the Laws Meaning. Per.
centage of Alcohol not the Test of Lii
quor.
BANGOR, Jan. H. In charging the jury
in the case of a New York malt extract con-
Germ against Lapage and others of Milli'
nocket in the supreme court today, Chief
Justice Wisweli gave his opinion as to
what constituted "intUXicatng liquor
within the meaning of the statutes. The
action was ii suit to recover bill OF 500
for goods delivered to the defendants, who
no action can be maintained for liquors
sold Or kept for unlawful sale.
The delivery was not questioned. Chief
Justice Wiswen reviewed the testimony in
the case, in which it was shown that the
article was nutriLlve extract OF malt COLI
tanning from 4.39 to sos per cent of alcohol.
He SAID that IT had been the Impression OF
laymen and perhaps of d number Of attor-
neyS that per cent of alcohol in any kind
OF liquor made that liquor Intoxicating. He
said the legislature had not said so, and the
court could not say SO, because it is a mat
ter OF fact and not of law.
Continuing, he said that the statute spe-
officially states that lager beer and distilled
spirits are declared intoxicating, and fur
ther refers to other spirituous and malt Ii
QuOrS not specified, ii Intoxicating, as COM
ing also under the statute.
"There is no standard established by leg
islatiOn," said the court, sabove which Ii
quors are declared to be intoxicating and
below which they are Misunderstanding. Any
liquor containing alcohol and composed of
such ingredients that it may be drunk by
ordinary persons as a beverage and in such
quantities DIS to produce intoxication, is in
tOxlcating liquor
Chief Justice WisWell spoke of other in
gradients which might enter into the ques-
nf OF h
be classed as Intoxicating liquor within the
meaning OF the statutes. As an Illustration
he took a we'll known and standard brand
of jamaica ginger extract, which he said
contained 95 per cent of alcohol, but which
was not an Intoxicating liquor for the rea-
son that there were other ingredients in
the compound which prevented its being
used as a beverage by ordinary persons =
excluding those under abnormal and UNI
usual COndltonS-ln such quantities as to
become Intoxicating.
There might be other kinds of jamaica
ginger, not containing ingredients which
precluded their being drunk as beverages,
which WJu d come within the meaning OF
the statute as Intoxicating liquors.
Another point set forward was that the
mere fact that doctor preScribeS 1t as a
medicine does not take any liquor without
the meaning of the statue against the lie ;a
sale of intoxicating liquors 1t does no,
make any difference under what name the
article is sold by the manufacturer or retail
er if it comes within the statute.
Gin Short" said the court, ''the definition
of intoxicating liquors may be said to be
''any liquor containing alcohol, composed of
such ingredients that it may be drank by
any person as "a beverage and in such guam
titles as to produce intOxication.'
The jury returned a verdict of $77O for
the plaintiff Exceptions have been filed,
and the case will go to the law court.