The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1918-10-19
PROHIBITION AND THE MASS.


PROHIBITION AND THE MASS.
Elsewhere in this issue we pub
lish an official opinion rendered
by Attorney General Hilton Of this
state relative to the proposed pro-
hibition amendment and the eff
feet it's adoption will have on the
obtaining of wine for sacramental
purposes. The opinion is an ex-
haustive review of the subject,
couched in clear, definite and
~forceful terms, in which Attorney
General Hilton recognizes the re-
ligious guarantees of our state
constitution and applies them to
the question under consideration.
Minnesota and her citizens Of ev-
cry religious denomination are
fortunate in having an attorney
general as able, fair, fearless and
conscientious as the present in
cumbent Of that office, Clifford
Hilton.
The proposed prohibition amend
ment to the state constitution
reads as follows: "The manufac-
ture, sale, barter, gift, disposition
or the furnishing Of transporta-
ton, or keeping or having in pos
session for sale, barter, gift, dis
position or the furnishing or
transportation of Intoxicating
liquor of any kind, in any guam
tity whatever, EXCEPT FOR
SACRAMENTO, MECHANI-
ICAL, SCIENTIFIC OR MEDICI-
NAL PURPOSES, shall be forever
prohibited within this state from
and after the first day of July,
1920, and this amendment shall
be self-executing. The legislature
shall enact laws for the enforce
ment of this section and shall pro-
vide suitable penalties for the vio-
lation thereof"
This amendment consists of two
parts: the M prohibiting the
manufacture, sale, etc, of intoxi-
eating liquors in Minnesota on
and after July l, 1920; the other
permitting such manufacture, sale,
etc, for sacramento, mechanical,
scientific and medicinal purposes.
These parts are equally important.
Each is stated in clear and definite
language, so that there can be no
misunderstanding regarding the
purposes Of the amendment. If
the amendment be adopted at the
coming election on November 5,
the permission to manufacture,
sell or have in ones possession in
~toxicating liquors for sacramental,
mechanical, scientific and medic
inal purposes, will be as much a
part Of the law Of the state as the
prohibition against the manufac-
ture, sale, etc., of such liquors for
any other purpose; and the legis-
lature will have no power to de-
clare the exception illegal nor no
right lawfully to place unreasonable
restrictions upon the procuring of
intoxicating liquors for such pur-
poses. The amendment, if adopt
ed, must be adopted in it's entire
ty; and after adoption will be the
supreme law upon the subject.
The exception will be just as
much a part of the amendment as
the prohibition and must be rigor-
ously safeguarded and protected.
The legislature will have no pow
err to remove it from the statute
book. That can be done only by
the power which will put it there
THE votes Of the people Of Min
nesota.
1t would seem, therefore, that
the right Of clergymen Of any de-
nomination to procure wine for
sacramento purposes is amply
safeguarded. The amendment ex-
pressly stipulates that wine may
be manufactured, sold and used
for sacramental purposes. 1t is
true, the legislature is empowered
to enact laws for the enforcement
of the amendment and to provide
penalties for the violation there
of; but that does not give it the
right to prevent those entitled to-
use wine for sacramento purposes
from procuring it, or to surround
the sale of it for such uses with
unreasonable restrictions or I'M
necessary hardships. AS Attorney
General Hilton says: "No statute
can be enacted except such as
will conform to the intention Of
the people in adopting the amend
ment." To deny clergymen the
} right to procure wine for sacra-
mental uses or to make it unrea-
| sonably difficult for them to do
so, would be to run counter to the
express provision of the amend
ment and the wish of the voters.
Furthermore, any unreasonable
restriction imposed in this regard