Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-09

ton 81 of the state constitution for
the reason that the subject OF the asct
is not expressed in the title. Being an
amendment to chapter 10, laws OF
1890. it is sufficient compliance with
the constitutional requirement If she
subject matter Of such amendment is
genuine to the subject of the original
act of which this amended section is
a part and is within the title of that
act.
6. Any liquor containing alcohol or
the alcoholic principle or other intox'
icating quality when declared by the
legislature to he an intoxicating liq-
uor will he so regarded by the courts
wtaethtr or not it's ordinary use will
produce intoxication in the average
man. A definition Of Intoxicating liq-
por including within its provisions a
liquor containing the alcoholic princi-
ple but winch it is admitted will not
produce intoxication n any degree, is
gernDane to the general subject OF
chapter 10, laws of 1890, and Within
the title, IAN act to prescribe penal
ties for the unlawful manufacture,
sale and keeping for sale of intoxi'
eating liquors, and to regulate the
sale, barter and giving away OF su-b
liquors for medical, scientific ard me-
chanical purposes"
T. Chapter 1877, laws Of 1909, is re-
plete in itself and does not punoort
to mend section 1888, Laws of 1905,
providing penalty for violations OF
the prUhibitory law, and while it by
implication affects and modities some
what the meaning of said section 1858
'as we'll as many other sections OF
the general statute, it is not for that
reason repugnant to section 81 Of the
state constitution requiring that aid
portions of the amended statute that
are retained in the new enactment be
Incorporated and published in the
amended act.
8. A malt liquor retaining the al
IcdhoRic principle as distinctive force
which it is admitted is used through
out the state of North Dakota as q
substitute for beer" cannot be regard
ed as an innocent, harmless and
healthful beverage. 1t is "a matter OF
common knowledge that a liquor Of
this description may be harmful in the
sense that it's use cultivates and slim
ulatse an appetite for intoxicants
which may become seriously detri-
mental to the general welfare. A l1q'
uor with these characteristics and
used in this manner is a convenient
vehicle to subterfuge and fraud and a
means Of evading the penalties Of the
prchibitory law. For this reason
statute prohibiting the sale Of such
liquor within the state is a legitimate
exercise of the police power of the
state and is now repugnant to the
k4OSDo1OAo VI oCSI1oNS W IL VI NAiS
state constitution.
9. Defendant having pleadtahram
to an information charging that it
sold within the state a liquor labeled
purity Malt" and commonly called
and known as malt which is "a malt
aiquor retaining the alcoholic princi'
pie as distinctive force which was
and is sold and used throughout the
state of North Dakota as a substitute
for beer and that said beverage con-
tanned one and seventy-fve one-hun-
dredths (1.75) per cent of alcohol by
volume and one and forty-one1hun-
dredths Q.40) per cent of alcohol by
weight, is guilty of public offense
and liable to an imposition Of the
penalties provided for violation of the
prohibitory law of the state.
Syllabus by the court.
appeal from the district court Of
Cass county, Hon. G.. A. Pollock, j.
Prosecution of an action by the
state OF NORTH Dakota against Fargo