The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1918-06-22

duties under the Bishop to be that of
providing to the 105 Catholic priests
and their congregations, within the
State of Oklahoma, sufficient altar
wine for conducting the religious serv-
ice of the Roman Catholic Church
known as the Sacrifice of the Mass.
1t appears from the agreed state
ment of facts that the package ten
dered was marked "for sacramental
purposes" and contained pure, fer
mented, unadulterated juice of the
grape, commonly known as altar wine,
manufactured and prepared in the
particular manner prescribed by the
Church, and to be used for the sole
purpose of conducting the religious
service of that Church known as the
Sacrifice of the Mass, and that this
wine is capable of being used as a
beverage and can be drunk in sulfi-
cient quantities to produce intoxica-
ton.
1t appears further from the stipula-
tiOn that the practice of the Sacrifice
of the Mass within the territorial
limits now comprising the State of
Oklahoma and the use of this ferment-
ed altar wine has been observed by
the clergy of the Roman Catholic
Church in the celebration of the SaCri-
flee of this Mass continuously since
the time of Coronado, in the year
1910, and was a practice observed
within this territory at the date. of the
treaty between the United States of
America and the Republic of France,
by which the territory of Louisiana
was ceded to the United States of
America. And it appears that the
Diocese of Oklahoma consists of the
priesthood of about 105 in number,
and in excess of $4,000 members, more
than 100 churches, numerous parO-
chial schools, hospitals, converts,
seminarieS and various charitable and
eleemosynary and educational institu-
tions owned, controlled and operated,
both for gain and charitable purposes,
by the priesthood and Sisters of
Charity, and members of the Roman
Catholic churches. There is observed
and conducted within these institu-
tions this religious ceremony and serv-
ice known as the Sacrifice of the Mass,
and that for such service the espe-
cially prepared and fermented altar
wine is required as a necessary part
of the worship.
1t is stipulated to be the faith and
belief of all Catholics that the use of
the fermented wine is a necessary
part of this service in commemoration
of the Last Supper, at which time
Christ gave wine to the Apostles, say
ing: Drink ye of this, for this is My
blood of the New Testament, which
shall be shed for many unto the remis-
sion of sins" And commanded the
Apostles also: This do for a COM
memoration of Me-"
1t is also stipulated that this saCri-
fee, according to the Roman Catholic
faith, is not one of praise and prayer
merely, but is an external sensible
act, signifying the most profound
homage to God, and is to all Catholics
the supreme act of worship and adOra-
ton; of all acts the most acceptable
to God; that any law prohibiting the
Sacrifice of the Mass does, in effect,
prohibit all Catholics within the State
of Oklahoma from worshipping God
according to their faith and belief.
The shipment was refused by the
defendant in error for the reason, as
claimed, to do so would be in violation
of Chapter 1856, S. l.. 1917, commonly
| referred to as the Bone Dry Law
Section l of this act reads:
It shall be unlawful for any person
| in this State to receive directly or in
directly any liquors, the sale of
which is prohibited by the laws of
| this State, from a common or other
carrier.
The question presented is whether
the laws of this State prohibiting the
sale of intoxicating liquors include
such altar wine.
| The trial court in refusing plaintiff
relief held the general language found
| in Section 46, Art. 25, of the Constitu-
| ton to include such wine. That sec
tion reads:
The manufacture, sale, barter, CIV
4 LIS away VI OIhSI WACC Lul IN
cept as hereinafter provided, of in
toxicating liquors within this State
or any part thereof, is prohibited for
a period of twenty-one years from the
date of the admission of this State
into the union. Any person,
individual or corporate, who shall
manufacture, sell, barter, give away or
otherwise furnish any Intoxicating
liquor of any kind, including beer.
ale and wine, contrary to the provi-
sions of this section, or who
shall ship or in any way convey such
t liquors from one place within this
State to another place therein,
: shall be, etc.
D Counsel for defendant in error urge
with much force that the genera
D terms. Intoxicating liquors of an!
n kind, including beer, ale and wine," al
;, used in the Constitution, includes sucl
l. wine as may be used for sacramento
$ purposes. To give weight to this al
II gument it is pointed out that under tn
r provisions of the Constitution and er
y abling act lawful purchases might b
q made for medicinal, industrial an
- rrientific' purposes, under certain regl