The Adair County news., 1906-09-19
lid ON IN The 20th
JUDICIAL DISTRICT.
Judge Baker in lnstructlns the
Grand Jury, Last Monday,
spoke as Follows in Con.
strung the Local Option Law
Now in Force in Kentucky.

7 desire to call your attention to re,
cent legislation on the subject of intoX-
icating liquor.
You understand that this is a local
option county. The sale of liquor by
retail is absolutely prohibited. The
manufacturer can sell, by wholesale,
LIQUORS of his own make, but the sale
must be. made at the place of man.
ufacture, not elsewhere. l understand
by the words, "the place of manufact-
ure." the lot of ground surveyed
by the government and set apart as the
place for conducting the distillery oper-
ations-where this is done. Whole
sale means in quantity of five gallons
or more. 1t must be good faith,
wholesale transaction, and not device
= to avoid the operation of the local OPP
ton law. If it is sold, even In this
quantity, for division among i.contrlbu-
tors to a common fund to the knowl-
edge of the man selling it. it is neither
good faith, nor a wholesale transac-
ton.
If it is sold to a bootlegger ] to be
trafficKed out by him in local option
territory, it is violation of the law. =.
imagine this has been livery often
done to the debauching of the morals
of neighborhoods- l ask you to
give especial attention to this phase OF
the subject. The fact can be establish
ed circum stancially, as well as any 9TH
er fact.
A new law in our Statutes, is enti-
tied an "act to regulate the carrying,
moving, delivering, transferring, ordis-
tributing of Intoxicating liquors in local
option districts.
- There is some disagreement among
lawvers as to the meaning of this law,
and, it will doubtless be under the scru-
tiny of our Appellate court just as soon
as a case can be carried there. 1t is
unfortunate that our legislation in re-
gard to liquor is not usually expressed
in clean, clear cut language, free from
antiquities, which can be understood
by an ordinary layman.
Somehow, with all due respect to our
"solons," it usually comes to our
courts very much ''befuddled." II
must be due to the subject. l do not
know how else to explain it.
1t is an acknowledged rule in the con-
struction of Statutes that the intention
of the law-maker ought to be regarded.
A law must be interpreted, so that it
may have effect In constituting Stat
utes, words may be altered, modified or
supplied, so as to obviate any inconsist-
ency with the intention of .the legisla-
ture as collected from the subjectsmat-
ter, and object of the Statute.
The title and body of an act may be
considered together for the purpose OF
arriving at the legislative intent. We
have already given the title of the act.
What does the act itself say? The first
section declares ''that it shall be unlaw-
full for any person or persons, individ-
,al or corporation, public or private
carrier, to bring into, transfer to other
oerson or persons, corporations, carrier
r agent, deliver or distribute in any
ocal option territory any spurious, vim
rs, malt or other Intoxicating liquors
egardless of the name by which it is
allied" provided individuals may
ring into such district upon their per-
On or as their personal baggage, and
or their private use, such liquors in
lantities not to exceed one gallon, and
lat public carriers may deliver to Ii
:nsed physicians or druggists in un-
oken packages in quantity not ex-
eding five gallons at any one time.
The second section. declares that each
ckage delivered or distributed in To-
- option territory shall constitute a
separate offense.
The third section fixes the penalty
for violation of the law.
The fourth section declares "that
the place of delivery for such liquors
shall be held to be the place of sale,
and then says provided further, that
the provision of this act shall only
apply to common carriers, corporations
or individuals who usually carry
freight or goods for hire. and every
firm, common carrier. corporation, OF
individual who receives pay, shall bt
deemed violator of the law" The
trouble in constituting the law grows
out of the fourth section. Does it re
ls~~:k Ii of$aok nf ho ofho1