Tombstone epitaph., 1915-01-10
whether they conta aimed alcohol or not,

instance. root beer may not contain any perce ntage of alcohol whatever, yet it would come within the law and q person selling it. would be as guilty under the amendment as the person who sold pure alcohol. and in my opinion with more certainty. The same would apply to wine. ale or ar dent spirits if it were possible to man ufacture or create any one of them without the use of alcohol In other words they are specifically prohibited. and no matter what their contents, nor what name they are sold or manufac- tured under, if they would come with in the definition and the meaning ol the words beer. ale. wine or ardent spirits the selling or manufacturing would be violation of the law
 From the wording of the amendment to the Constitution it would seem tha the above is the clear intent of the law, for after the word wine is used the words Tor intoxicating iquors," instead of the words 'or any other intoxicating liquors." showing that the clear intent of the law is that ardent spirits, ale. beer and wine are prohibited. whether they would intoA- icate or not
 The next matter to be considered ia construing and enforcing the law would be the phrase intoxicating liquors oi any kind" take il that that phrase means just what it says. That it is :. violation of the law for any person t. sell. exchange. give. barter, or dispose of, or manufacture or introduce into the state of Arizona, any intoxicatin liquor. But fhe courts of this countr. have universally held that the word intoxicating liquors" as used in ti!v Prohibition Statutes. mean and refe only to such liquors as may be used {. ! beverage and which may be dranh and taken into the human system as such in quantities sufficient to intoxi- ] ate.
 Messrs Woollen and Thornton ii heir work on the Law of Intoxicatins Liquors, page $, Sec. 9, Vol. l., tersely define intoxicating liquor as follows:
 Any liquor intended for use as :. beverage. or capable of being so used. which contains alcohol. either obtaineG C by fermentation or by the additiona process of distillation in such propor tions that it will pr oduce int oxication, when taken in such quantities as may be practically drank. is an intoxicant.' The same authors on page l3, Sec G. say: Tt is immaterial how much liq- uor is necessary to produce intoxica ton to render it an intoxicating liq- uor." if it is possible to drink enough to intoxicate person of ordinary hab- its. But the mere presence of alcoho. in the article sold is not sufficient to make it an intoxicating liquor nor to bring it within the terms of a statute prohibiting the sale, of intoxicatin liquor; and probably the true rule is. aside from statutory definitions, that il must produce intoxication when drank in reasonable quantities. such as the human stomach can hold, The name under which it is sold is immaterial."
 Aud further on page Ia. Sec. s. they lay down this rule for determining whether liquor containing alcohol is in taxicating or not int .xiceting:
 | In determining whether liquors con taining alcohol are intoxicating or non Intoxicating. there is but one safe line of distinction to follow. and that is that those which contain SO smal Il a percentage of alcohol that the human stomach cannot contain a sufficient quantity of the liquor to produce in toxication. as is said ~ to be the case with respect to spruce beer. ginger beer and some others, must be regarded as non intoxicating. and those, whether obtained by distillation, or fermenta- tion' of which enough can be taken to produce inebriation, must be co sider- ed as intoxicating"
 Except as to those beverages which are well known te be intexieaat. and the knowledge of which Is go common that the ceuFss may even take judicial notice ef the fact, the question as to whether the beverage willintoxicate. in most cases is a matter of fact to be determined by the court or jury. (