Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-07-27
A FAR REACHING DECISION.

A FAR REACHING DECISION.
If the decision of Judge Pollock of
the Fargo district is sustained-that
the sale of malt is illegal-this &C
tion will have done more than any
other effort towards the successful
enforcement of the prohibition law
Judge Pollock holds with the opin-
ion of Justice Brewer of the Su-
preme Court of the United States in
a decision handed down by him
when he was chief justice of the su-
preme court of Kansas that malt
retains the alcoholic principle" and
the constitution and the laws of
North Dakota are against ''the alco-
holic principle" 1t must be remem-
bered that in our law we adopted the
definition of intoxicating liquors
from the Kansas statute, and Judge
Pollock feels that the decision of
Justice Brewer IS therefore control
ling on the Interpretation of 'intox-
icating liquors." Our statute,
which is. the same as the Kansas
law, reads as follows:
Intoxicating liquors, Or mixtures
thereof, reasonably constructed, means
liquors which will intoxicate, and
which are commonly used as bever
ages for such purposes; and also any
1Vivfyrro7n ~ o,Vo1, 1in,,0rc 10 int
their intoxicating qualities, it may
fairly be presumed may be used as a
beverage and become substitute for
the ordinary intoxicating drinks"
While chief justice of the state of
Kansas Justice Brewer wrote the
opinion in the Intoxicating liquor
cases Of that state and in passing
upon the definition of intoxicating
liquors said:
1T is not the words of the law, but
the internal sense of /. that makes the
law, and our law consists of two parts,
viz: of body and soul; the letter of
the law is the body of the law, and
the sense and reason of the law are
The soul of the law. Doubtless the
letter is first to be considered in
order to determine the intent of the
legislature for the courts may no.
read a law simply as they wish it
should read, and other matters may
also be considered, and among them
the evils sought to be remedied."
Judge Pollock then reviews the
history of the prohibitory legislation
in this state from the constitutional
convention down to the present time
and concludes, in his argument that |
the experience of this state has been
worse under the malt liquor subter-
fuge than under beer which contains
but four to six per cent of alcohol |
against two per cent in malt. While |
malt is mere slop it has been the
shield behind which yiolators of the !
prohibition laws of North Dakota |
have been enabled to continue bust
ness. By the shifting of labels, the
conscience of the unwilling witness
has been apeased, and evidence suffi-
cient to convict the blindpigger of /
actual violation of the law-the
vending of beverages containing al
cotol in sufficient quantities to ef- |
feet intoxication-it has been impos-
sible to obtain and open violation Of |
the law has been carried on in all
parts of the state. |
This decision promises to be far
reaching in its effect and IL sustained
the blindpigger can no longer hide
behind the malt subterfuge in the
vending Of intoxfcants. To the gen.
uine Teutonic, or any one. else who !
finds pleasuresin the sip Of the brew |
OF the barley and the hop with its |
usual alcoholic constituent of Eve or
six per cent, this decision viii sound |
good. II there Ii good reason to |
prohibit the sale and use Of genuine
beer fn this state there exists no |
good reason for the sale, of |
the basest kind. OF a substitute. the |
iise Of which would undoubtedly |
cause more trouble than the use Of |
the original and prohibited article.
There is good logic in Judge Pol
locks decision. a.. |
Judge g. i. Pollock. of Fargo. has |