davidaulloa/AmericanStories huggingface dataset:
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14

now in force, shows that it was direct
ed against the sale of intoxicating
liquors. Constituting all these statutes
together, it is apparent that the object
sale of intoxicating liquors. This is
clearly demonstrated by Sections 1747,
174S, 1749, 1850, 1852, 1855, 1858, 1853,
1765, 1857 1878, 1916, 1871, 1894, 1897,
1898, of Code of 1906, and also Chapter
III of the Laws of 1908 which is a
memorable to Congress, to enact a law
to prevent the issuance of United States
revenue to any person selling "intox-
icating liquors" in any locality where
the sale is prohibited by local laws.
1t is commended that the case of Ed
wards VS.. City of Gulfport, 40 South.
Rep. $40, is authority for the instruct
ions given in cases for the state. The
liquor sold in the Edwards case was
"Pabst Mead" containing as per cent
alcohol to each bottle; and the testi-
mony showed that two bottles of it
would intoxicate an average man. The
court charged the jury that if the liq-
uor sold was a malt or alcoholic liq-
uor, they should find the defendant
guilty, whether shown to be intoxicat-
ing or not. Judge Whitfield uses this
language in that case: This case
fails squarely within the case of Ray
felt VS.. State, 10 Miss. AIS; IS Sou.
Rep. 925. On the evidence in this
case it is perfectly manifest that a
conviction is proper on either one or
two grounds. First, that the liquor
was shown to be both alcoholic and
malt liquor; and second, that it was
shown to contain enough alcohol to
make an average man drunk if he
drank two bottles" Marks vs. State,
As Sou. S64, is referred to as authori-
ty for the Edwards case. 1t is true
that in the Marks case (reviewing
the statute substantially the same as
Section TAG, Code of 1906, the Ala
bama court held that the language:
(which if drank to excess will produce
intoxication," did not relate to each
and all the liquors preceding it. How
ever, the court held further in that
case (exactly contrary to what was
hnI in hn 6xua nd hnt h
er beverage containing LAG per cent
of alcohol by weight, and 1888 per cent
by volume, and 20 per cent maltese,
makinkg IL teaspoonsfuls of also
hol per pint, is an alcoholic, spirituous,
vinous, malt or intoxicating liquor, or
whether it drank to excess will pro-
duce intoxication, is question of fact
for the jury"
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
MI-()-NA
Drives Distress From Upset Stom-
achs in Five Minutes.

Mona Stomach Tablets not only
cure indigestion, but build up the en-
tire system and make the weak and
ffail strong aud vigorous.
They cause the glow of health To
appear in the cheeks and make the
eyes bright and sparkling. They
chase out bad blorl and c;uee pin
pies and sa'lcw skin TO disappear
Mi-o-na Stolns cin Tablets are such
wonderful stomach invigerators and
upbuilders that they are sold under
an agreement to return your money
if they do not cure Indigestion or
any other trouble arising from an up
set stomach, such as biliousness, dir
illness, sick headache, loss of appe-
tite, lamentations, nervousness,
sleeplessness, nightmare, ETC.
had stomach trouble; was weak,
bloodless and depressed, but MONA
built up my health and made me
strong" Mrs. ]. Newton, Bellevue,
Mich.
Mi-o-na costs only so cents large
box at druggists everywhere, and at
The Owl Drug Store, Hattiesburg,
Miss. {. X
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Other Instructions.

"The court further instructs the
jury that unless you believe from the
evidence that the said liquor sold by
the defenIant contained a per ceptage
of alcohol large enough to make the
same, when drunk to excess, in
toxicating to some extent then you
will find the defendant not guilty"
The giving of the charges asked for
the State, and refusing those asked on
behalf of the defendant, are assigned
as error.
Anderson, j., after stating the facts
as above, delivered the opinion of the
court:
The paragraph of Section 1746 OF
the Code of 1906, which is the ordi.
nance of the city under which the de-
PENDANT was convicted, is as follows:
."If any person shall-(a) Sell or bar
ter, or give away to induce trade, or
to keep for sale or barter, or to give
coholic, malt, intoxicating, or spurious
liquors, or intoxicating bitters, or 9TH
err drinks, which if drunk to excess
will produce intoXication, ia any guam
ityi less than one gallon, without hav-
ing license therefor in pursuance of
this chapter; &C.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14

Special Concurrence.
Mayes, C. j.: Concurring specially.
l concur in the disposition directed
to be made in above cases by Judge
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Courts Error.

In both of these cases the court
should have instructed the jury per-
emptorily to find a verdict for the de-
PENDANT, because neither of the drinks
sold were shown to be Intoxicating
when drank to excess. In Case No.
14307, if the Malt Ale" sold had been
proven to be ordinary ale, then the
jury would have been authorized to
convict, whether the ale was shown
to be intoxicating or not when drank
to excess; ale being in the class of
liquors which are judicially known to
be intoxicating.
Both of these cases are therefore
Reversed and Remanded
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Adjudication of Facts.

This was square adjudication that
the words which if drank to excess
will produce intoxication," did not
qualify the terms "vinous, alcoholic,
malt, intoxicating or spirituous liq-
uors." The court in it's opinion said
nothing about judicial notice, but held
that it was unnecessary to prove that
vinous or alcoholic liquor was intoxi-
eating for the sole reason that the leg
islature had so ordered. The same
argument with reference to the quail
fication of these words by the words
''if drank to excess will produce in
toxication," was made in that case by
counsel for appellant, as was made in
the case of Edwards VS.. Gulfport. 40
Sou. Rep. $40. This latter case an
nounced no new construction of the
statute, but simply followed the Ray
felt case. The legislature has adopt
ed the construction put upon this
statute in the Reyfelt case by twice
re-enactlng it. l do not think, there
fore, that these cases Should be over
ruled neither do | think they should
be qualified to the extent of saying
that when the beverage sold contains
a sufficient quantity of alcohol to con-
stitute the dominant quality of the
beverage, and is the thing on account
of which it is sold there is then a vio-
lation of the law even if it be con-
clusively shown that the beverage will |
not intoxicate" This statute does not |
provide that alcohol must be the
dominant quality of the beverage"
put in express terms prohibits the sale
# alcoholic liquor without reference
q rs Intoxicating quality and ire
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
The AUTO-PIANO
THE AUTO-PIANO is not an electric piano.

THE AUTO-PIANO is not electric piano.
II has the regular keyboard just like any 9TH
piano and is always ready for "fnger-pIayine
by the pianist
It is likewise always ready for automatic
rIayira ty of paper rolls and pedals.
So it "pays both ways" and every member OF
The family play without any knowledge OF mu
ssgM
The catalogue Of music rolls contains thous-
of the best selections, and is being constant
added to, There also large list OF accompa~
inents for songs, violin and other INSTRUMENTS. &
f.iany singers cannot play their own accondpant
- aents. The Autopi ano makes them independent
Many people have expensive plano in the
and to play IL In other homes,
probably member Of the family pIays-and
7ct very we'll, perhaps $@
Why not trade the dead piano for live one?
Buy arSsAutopianoa which everyone can play, and
Z hsve@lone real music We take your old piano
ingexchanse at full value, matter how fine
how poor It may be.
Furthermore, you may pay the difference ~
4 monthly payments otherwise.
AS special inducement offering
&free exchange Of music rolls for four years, and
exchanges may be made often desired. It
sdii never be necessary to buy any music rolls.
We have tie latest style Auto-piano
exhibition, and we will take pleasure in playing
1t for any who call.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Language of Law.

The language-"which if drank tC
excess will produce intoXication,
qualities the terms "vinous, alcoholic
malt, intoxicating, or spirituous liqu
ors, or intoxicating bitters, or Other
drinks.
| There are alcoholic drinks which
are known to the law to be intoXicat.
ing Within this class are alcohol
wine, beer, ale, porter, wlpshey, bran.
dy, gin, rum, and perhaps others.
Such liquors, according 20 the com
mon understanding, are intoxicating.
The courts take judicial notice Of the
fact that they are alcoholic liquors,
and will produce intoxication when
drank to excess. 20 Cyc.. 81, 81, So;
II A. & E. Encyc. of Law, 2nod Edi-
ton, pages 1893, 1879, 200 and POI.
There will be found collated in
these two authorities, the cases on
this subject. In a case where the liz
or in question belongs to this class, it
is not necessary for the state to prove
that 1t will intoxicate when drank to
excess; while on the other hand, If it
is not within this class which the
court judicially shows are intoxicat-
ing, it is necessary for the state to
prove that if drank to excess it will
cause intoxication. The term "alco-
holic" is a general term which seems
10 have been thrown in rather for
good measure than for any purpose.
rhe statute is directed against also
lolic intoxicants. The sale of alcohol |
C liquors is prohibited provided they
ontain sufficient alcohol to intoxicate
1hen drunk to excess.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
HAPPY RESIDENT of
THE SUNFLOWER STATE

/ was unable to obtain relief. | treat
ed with several doctors and tried
many advertised remedies, with dis
appointing results. My health de-
clined until 1 became physical
wreck, and with my vitality exhausted
and my nervous system broken down.
my husband, becoming impressed
with an advertisement of the Cooper
remedies, proposed that try Cooper's
New Discovery. l had lost faith in
everything, but consented to do so.
Much to my surprise it helped me,
and began to improve from the day
| took the first dose.
"Now, after having taken the full
treatment, l feel like different wo-
man-no more headaches, backache or
dizziness. I am strong and well. That
tired feeling is completely gone, and a
pain l have had in my stomach for the
past six months has disappeared
Cooper's New Discovery is simply
wonderful"
We sell Cooper's New Discovery
Thousands of grateful people through
out the country have testified to its
marvellous curative properties. Let us
explain to you the nature of this re-
markable stomach preparation. Hays
& Field.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14

Anderson, but do not concur III
ling the Edwards case. In my
mont # is not necessary that a9 =
NOR sold should be intOzicat9
order to fall within the condeY
Of the statute prohibiting the
anv "vinous. alcoholic, malt
eating. or spirituous liquors.
when the beverage sold contains
ecient quantity Of alcohol to consf N
the dominant quality Of the beva :
and is the thing on account OF which
if sold, there is then violation OF the
law though it be conclusively sho"F
that such beverage will not intoxicate'
Of course this leaves the question u
he determined by the jury. Judge
Apdersons position is very persuas-
i've one. and if the question was an
omen one. | should feel much more IN
clined to adopt his views.
In the first of these cases, the quani-
tv of alcohol is so small that | think a
peremptory instruction should have
been given for the defendant.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Dissenting Opinion.

Smith, j., dissentngs.
l feel constrained to differ with
both of my brethren in the construc-
ton put by them upon the statute in
question. When this statute was I'M
der review in Rayfelt VS.. State, 73
Miss. 416, this court said: "The
statute, for violation of which the
appellant was convicted, makes it I'M
lawful to sell, inter ALA, any vinous
or alcoholic liquor. The defendant
sold homemade wine made from the
grape and from blackberries,
which wine he and his wit
nesses swore would not intox-
icate. He asked the court to in
struct the jury to acquit, if it believed
from the evidence the wine would not
produce intoxication. This the court
declined to do, but charged the jury to
convict if the sale of wine was prov
led. This action of the court was cor
rect. The legislature believing in
chemistry, and the process of fermen-
tation of the juice of the grape will
produce alcohol, has seen fit to pro-
hibit the sale of such product, and
regardless of the opinion of the wit
nesses that this prohibited article
would not intoxicate, the sale was I'M
lawful, for the legislature prohibited
such sales because it thought that al
coholic wines would, in some instanc-
es, intoxicate."
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14

nesses that it would not intoxicate.
The decision of the court was mani
testify correct, because wine is one Of
the liquors which has an accepted
judicial meaning, and judicially known
to be Intoxicating when drank to ex-
excess.
1t is contended on behalf of the
state that the purpose of the legisla-
ture was to prohibit the sale of all
drinks as beverages containing. alco-
hol in any quantity, however small;
the object being not alone to lessen
drunkenness, but to put out of reach
of the people drinks which have a
tendency to create thirst for intox-
icants. There is nothing in our stat
utes, nor in the history of the "Prohi-
bition Movement" to indicate such
purpose.
If the charges complained of in the
instant cases, and which were author
lied by the Edwards case, is the law,
then if a person should sell, as bev-
erage, a barrel of water with tea
spoonful of alcohol in it, he would
violate this statute; and so would the
owners of soda fountains, selling the
usual cold drinks, using various ex
tracts in the same, containing a small
portion of alcohol for their preserva
ton. 4
These views necessitate, in my judg
ment, the overruling of so much OF
the Edwards case as holds that the
charge in question in that case was a
correct statement of the law. That
case stands alone unsupported, and is
unsound.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
THE II Att IIRE NEWS
SUPREME COURT ON
Continued from page one.)

Continued from page one.)
hol to make it intoxicating to some
extent when drunk to excess"
No. 3.-"The Court further instructs
the jury for the defendant that II you
believe from the evidence that the de
PENDANT did on the date named in the
affidavit sell certain beverage known
as "Brewett" and that the said bever
age contained the small per cent Of
alcohol shown by the evidence, AND
that the said per centage of alcoho
was too small to make the said liquid
intoxicating to any extent even wher
drunk to excess, then you should FIND
the defendant not guilty"
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Case Not Authority.

The Rayfelt case is not authority
for the Edwards case. In the former
the liquor sold was home made wine;
and the court held it was unlawful to
sell it regardless of the opinion of wit
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
Alcoholic Liquor.

The words alcoholic liquor" have d
plain and definite meaning; that is,
liquor containing alcohol, and, since
the legislature has not limited the
amount of alcohol such liquor must
contain in order to come within the
prohibition of the statute, this court
has no right to do SO. The Legislature
meant to establish and fix a certain
guide for the courts in administering
this statute, and did not intend to
leave it to the juries to say when alco-
hol was or when it was not the domi-
mating quality of the liquor.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14
History of Prohibition.

The history Of what is commonly
known as the Prohibition Movement"
In this state, which resulted in the en-
actment Of the statutes on this subject
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-06-14

spectiye of the amount of alcohol
which it contains.
Gilbert VS.. Husman, rs la. z4l;
Sawyer VS.. Botti, 124 N. W. KEEP
1877.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
ORDAINED AS MINISTER.

AT the First Baptist church yester-
day morning Rev. S. W. Buchanan, Of
this ely. was ordained as a minister
of the gospel. The ceremonies of the
ordination were led by Rev NJ. E.
Weaver, pastor, and the proceedings
We're watched with interest by a large
congregation. this being the first serv-
ice of its kind in many years in this
church. Those who took part in the
ordination were Rev NJ. f. Weaver,
Rev. ]. ]. Pipkin, Rev r. L. Nash,
Rev Walter Davis. Deacons Boat
wright. Sanders, Newton. Withers.
Collier and Moore, OF the Baptist
church of this city, and Deacons Du-
laney and Shows. of Thompson Creek
Baptist church.N The examination was
conducted by Rev. Weaver. the charge
given by Rev. j. ]. Pipkin and the
Bible presented by Rev Walter Davis
Mr. Buchanan was ordained to the
ministry and has been called to the
pastorate of the Thompson Creek
Baptist church.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
BOYS CORN CLUB SPECIAL.

Everything is in readiness for the
Brazos County Corn Club special train
to go to Dallas at ! OF o'clock Tuesday
morning The coaches, eight in num-
ber were set off on sidetrack today.
and the banners prepared by the Com
mercial Club were strung on the sides.
Every car is labeled "Brazos County
Corn Club" and Secretary Hewitt. who
has been experimenting the prepara-
tions for the excursion, said there
would be about twohundred and fifty
from here. besides the crowd from
Marlin Badges were printed today,
bearing the same words as the car
banners. and each member of the
party is to wear one. The members
of the Boys Corn Club turned out in
large numbers, and they compose a
large part of the crowd that is to go.
They will participate in the parade of
Boys Corn Clubs from all over Texas
that will be given on the streets Of
Dallas tomorrow.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
BOULEVARD $50 MILES LONG.

San Antonio, Texas, Oct 2S The
government is interested in the con
struction of the proposed boulevard
from San Antonio to Corpus Christi
more than one hundred and fifty miles
in length The movement for a good
road from this city to Corpus Christi
has been in process of crystallization
for months. 1t found favor instantly
with boards Of trade and business
mems organizations in the Intervening
towns As. there Is a great deal OF
road construction in progress between
this city and Corpus Christi there is
little doubt that cooperation will come
readily along this line. Such a road
will not only give impetus to road
in Southwest Texas. but will
make ready for cultivation thousands
OF acres which at present lack the in
ducement OF a good road TO market.
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
.BRAz0s COUNTY
BOYS WIN
Young Corn Growers Sweeping Many
Premiums at Dallas.


The Eagle received another com.
munication this morning from Mr.. W.
j.. Edge at Dallas, in which he says
the boys of the Brazos County Boys
Corn Club are winning many prem.
iums at the fair. Mr.. Edge says.
The boys corn for the southeast
district has been judged and Brazos
county boys got premiums as follows:
White Dent-Jesse Parsons, first; /;
Charles Hall. second, and Henry
Candy, third.
yellow Corn-Louis Yeager, first.
The second, third and fourth were
won by Brazos county boys, but i
could not get their namss.
Mixed Corn-Clarenc Bullock,
first. The second and third we're also
won by our boys, but could not get
their names.
"Squaw John Conway first.
"Gourd Seed-Second, third. fourth
and fifth won by our boys. Names not
accessible.
In the championship for the south
east district our boys got. first, second
and fourth.
Il think we are going to win out in
the grand sweepstakes for the state,
so you see am feeling good.
Yours truly,
w. L. Edge"
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
TEXAS MINING
DEVELOPMENT sTRANeLED.

III Paso, Texas, Oct 2S.-"The
greatness Of Texas is burden, said
J. A. Happier. of this city, in discussing
the varied natural resources and com
mercial advantages OF Texas THE
rugged mountains that surround FL
PasO on the east are capable OF pour
ing into the channels Of trade a
stream OF mineral wealth that will
snrpass the total agricultural produc-
lion Of the state, and want to say
there is as much prosperity in dollar
taken from the mine as there Is in
dollar taken from the farm. The state
has given away 7S,970440 acres Of its
best farm land TO settlers and pros
peetor of mineral wealth Is as much
a developer as a settler of farm lands
and is entitled to the same encourage
ment' but about the only legislation
on our statute books affecting mineral
production at present Is special taxes
laid upon the output although the
products Of the farm are exempt from
all forms Of taxation The state owns
millions Of acres OF mineral lands.
which. In their undeyeloped state. are
worthless and the law gives a pros
pector who locates the minerals no
equity for his labor We need liberal
mining laws, such as apply to govern
ment lands. and then YOU will see the
III Paso section blossom ike rose.
The state very properly appropriates
funds 10 maintain our agricultural de
partment, experimental and demon
Nration farms. and we also have a
department OF fisheries, but what has
the state ever done toward encourag.
ing the development OF its mineral re-
sources?
Our representatives in the legisla-
ture from this section OF the state
have repeatedly introduced laws ,nai
encourage mineral development. but
have never been able to get them on
the statute books We are strictly
mining country and the apparent in
difference OF the state To our welfare
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
MORE BUSINESS AND
LESS BITTERNESS

Wichita Falls. Texas. Oct. PSI
want to see more business and less
bitterness put into our legislation"
said r. Il. Huff. president of the
Wichita Falls chamber OF commerce
Read the reports of the daily papers
during a session of the legislatureand
you will find hatred, malice. envy. bit
terness and ambition prominently dis
played in the speeches made by many
representatives. Perhaps we have no
more of this than any other state. but
Texas is the biggest state in the
Union. and we ought to lead in intelli-
gence and Justice, as well as in area
and climate. The legislature is no
pace for the man with crouch and
our legislative halls ought not TO be
permitted to become defiled with the
contamination of demagoguery. Keep
reason on the throne and watch Texas
grow"
Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1910-10-24
Fresh Fruits
Fresh Vegetables
Everything in Season.
Howell e Newton, Inc.
PHONES 20 and $50

sometimes makes US wish tnar ,ne
Rio Grande river would change its
course and take us out of Texas, but
patience is one OF the cardinal virtues
and we possess our share OF il, and
we know that II the members of our
legislature would only study Texas
diligently they would give us needed
relief Texas is big state and its in
terests so varied that II takes big
man in the legislature to fulfill the
responsibilities of the position. !
rather like the lineup in the Thirty
second legislature. and believe they
are going to do something for Texas