The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1918-02-16
That Drastic
Oklahoma law
Prominent Lawyers Had Expressed
Opinion That Law Would Not inter-
Mass-But the Federal District
Court Has Ruled to the Contrary.
An Appeal to U. S. Supreme Court
May Be Taken, But With Little
Hope Of Reversal.
BONE DRY LEGISLATION
REDUCED TO AN ABSURDlTY

Many were the friends of prohibl-
tion who had no doubt whatever that
the prohibition law of Oklahoma
could not possibly cause any incon-
venience in the celebration OF the Holy
Sacrifice of the Mass. No court, they
said, would uphold contrary opinion,
and statements of this optimistic tenor
were obtained from prominent law
yers." The sincerity of these advo-
Gates of prohibition need not be ques-
toned, but it is greatly to be regret
ted that their attitude was shared by
many Catholics, most of whom prob
ably labored under the delusion that
"the Federal Constitution protects
every citizen in the free exercise OF
his religion How vain were these
assurances is now apparent from 6
decision rendered on December "a by
United States District Judge Clark,
sitting at Oklahoma City. The law
of Oklahoma prohibits the importation
OF alcoholic liquors into the State.
Judge Clark has now affirmed the val
idity of that law in as far as it for
bids railroads and other common car
riers to bring wine into the State,
"even for sacramental purposes"
Appeal will be taken to the Supreme
Court of the United States in due
form. While it is rash to forecast the
possible action of that august tribunal,
the grounds on which the Supreme
Court can reverse Judge Clarks ruling
are certainly not obvious. If a State
indirectly forbids the use of wine in
the Holy Sacrifice by prohibiting the
manufacture, importation or possess
sion of wine for any purpose whatso-
ever no clause of the Federal Consti-
tuition can be invoked in restraint. 1t
is high time that Catholics should
realize this fact. Oklahoma has made
her law. Until such time as an en-.
lightened public opinion obtains the
repeal of those sections which can
possibly affect the Holy Sacrifice, Ok
lahoma not only may, but must abide
by the legislation which she has Gre
ated. Furthermore, abstracting wholly
from any Federal question, in con-
flict between the law of the Church,
requiring genuine wine for the 'Holy
Sacrifice, and civil law prohibiting
the use of wine for any purpose what
soever, every court is bound to up
hold the precedence of the civil law.
For the canon law has no binding
force upon American courts, which
accept it, not as law, but as fact.
When will Catholics learn the lesson
of resisting the beginnings" AS has
been pointed out more than once in
these pages, safety can be guaran-
teed only by securing the insertion
into State prohibition measures, be-
fore their approval by the respective
legislatures, and into proposed State
constitutional amendments, of clause
which either specifically authorizes the
use of wine for sacramental purposes,
or limits the prohibition of alcoholic
liquors "for beverage purposes" Other
wise, we shall face long and tedious
processes of litigation, and must meet
consequences of the gravest charac-
ter, in case an absolute "bone-dry"
legislation is upheld by the courts
"America"