The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-07


made by art or industry in the form or
substance of material articles in the view
of rendering them capable of satisfying
some want or desire of man."
Manufacturing is the making of q
thing.-Norrls VS.. Commonwealth, q Pa,
g Casey, 494 1876
ITO manufacture means to make any
thing by hand or artificial device, so that
the making of corn into meal is manu-
facturing.-Louisville and Nashville Rail
road company VS. Fulgham, 81 Ala, 555:
South Rep. S03, S04.
In Curtis on Pat. page "A. it is said:
1.-The term manufacture has been ex-
tended to include every object upon which
art or skill can be exercised, SO as to
afford products fabricated by the hand
of man, or by the labor which he di-
reefs
In In re The Capital Publishing Co,
8 Macarthur Cd. c. 405,' the court said
ITO manufacture is to change and mod
ify natural substances so that they be-
come articles of USE
In Sniefer VS.. Wood, Batchf. u. s.
PIG, it is said. eve speak of the manu-
facture of salt, when 1t is produced by
the simple operation of boiling, or by
solar evaporation"
In Lawrence VS.. Allen, Hoe. (U. So
7S5, the court said What constitutes
manufactured article? In some instances
and for some purposes 1t may be one kind
Of process performed on what Is found in
natural state, and in some, another
kind. Thus the juice of the maple or of
the cane Is In some views manufactured
when 1t is made into molasses or syrup,
and in others when again made into
sugar or spirit from molasses. And so
the juice of the grape is in one sense
manufactured when converted into wine,
uba
In Commonwealth of Pennsylvania VS..
Northern Electric and Power company,
IA L. r. A. 107, lip, the learned judge
said: ut Is very clear that the word
manufacturer originally meant hand
made 1t is equally clear that its mean
ing has expanded with the advance of
arts and sciences, until 1t has come to
mean, as a verb, the making of anything
by human art or skill (Burrill, Law Dict)
and as a noun, anything made by art or
skill (Rapalje & L. Law Dict)"
From the foregoing 1t is clear that
manufacture" in its general and pop
ular use. means, reduced to simple and
everyday language, ito make" and not
to make with the intention of selling the
article SO made.
/" Manufacture Is Observation-Disclosures
fashioning of raw materials into change
of form for use. The functions of COM
merce are different. The buying and sell
ing constitute commerce"
Kidd VS.. Pearson, 12s U. 8. /. 20.
In People VS.. Collins, Mich, 343 49,
it is said THE manufacture of an article
is one thing, and the traffic therein is
another and a distinct thing. To manu-
facture' is to make; the operation Of
making whatever is used by man; any
thing made from raw materials by hand,
by machinery or by art" So says Dr.
Webster TO traffic is to trade, either
by barter or by buying or selling; to
trade; to pass goods from one person 10
another, for an equivalent in goods or
money etc. So says DR.. WEBSTER. AND
act February II, 1853. entitled An act
prohibiting the manufacture of intoxicat-
ing beverages and the traffic therein.
expressly and in terms embraces py its
title two distinct objects within the
meaning of Const art 4, paragraph ~,
reading: No law shall embrace more
than one object, which shall be expressed
in It's title
The supreme court Of the United States
passed upon the very reasoning OF Judge
Lee when the case OF Kidd VS.. PEARSON
d2s u. S. u was before it on appeal from
the supreme court of Iowa. Mr.. justice
L. Q. C. Lamar, southerner by the
way, In delivering the unanimous opinion
of the court, said on page 10:
1.-THE exact statute is this: NO person
| shall manufacture or sell
directly or indirectly. any Intoxicating
liquors. except as hereinafter provided
. Here. then, Is first, sweeping
prohibition against not the manufacture
and sale: not dealing which Is COM
| posed of both steps, and consequently
must include manufacture as well as
sale, or converse, sale as well as man
ufacture, in order to incur the denuncia-
tion Of the statute but against either the
sale or the manufacture. The con1unc-
ton is distinctive The sale is forbidden,
the manufacture is forbidden; and each
is forbidden Independently OF the other.
such being the case. on the subject of
the IawIessness ora unlawfulness OF the
manufacture (Which is the point before
the COURT II Is useless to argue az TO
| the conditions under which 1t Is per-
| nissible to hold Intoxicating liquors In
possession, or to sell them.
Looking again TO the statute. we find
| that the unqualified prohibition OF any
and all manufacture made b7 parAGranh