The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1918-06-22
SMITH


Friday, June 2S-St Leon.
BROAD SCOPE OF THE OKLAHOMA DECISION.
supporting the contention of the Catholic
Church authorities that the provisions of the bone dry
law of the state do not extend to the shipment and rece
ing of altar wine for sacramental purposes the Supreme
Court of Oklahoma takes important advance, and occu
pies high vantage ground the general of reli
gious growth and development of the United States The
believed to be premier in respect to the prn
cpa issue involved and such will be studied with
found interest by the legal profession we'll the
era church authorities Under the general practice of all
stand by the decisions of other courts of equal
superior urisdiction-the principle of stare decss-
will be cited precedent with substantial binding force
all of the world following the English system of
Jurisprudence, whenever issues of like nature in
volved 1t will, furthermore wholesome check
and restraint lawmalng bodies everywhere in their
oyerzealousness to enact similar drastic regulations 1t
constitutes wholesome and we'll deserved rebuke to all
the fanatics engaged in the business of regulating the
whole mechanism of human life in conformity with their
pet obsessions and theories.
AS was pointed out in former brief comment upon
the decision it is based the broad principle that
neither the statute the section of the state consu
ton enabling it's enactment is applicable to the of
altar wine used solely for sacramenta purposes Both the
legislative and the constitutional inhibition de-
signed the evil of nemperance and must not
therefore be extended to include something obviously
related that evil though the shipment of such
wine be conceded to be within the letter of the prohbory
law the court further holds that is not within its spirit
within the intention of it's makers. 1t is worth while
to quote part of the reasoning of the court this point
Suppose constitutional convention member
had offered section which in terms declared
against the of wine in sacramento services by
church within this state and that the transportation and
of such wne solely for such would subject the
members of that church to prosecution and punishment
it be believed would have received minute of
proving thought single vote?
I'VE have here where there presented
the ordinary and traffic in intoxicating liquors. in view
Of which the members of the constitutional convention used
general terms with the of reaching all phases of
that evil The general language used is broad enough in
its literal Interpretation to such ermened wine used
for which the whole history and life
of this nation arms could not have been Intentionally
legislated against"
The language the dealing malignant
effect of the act in relation to religious worship whole
some indication of the breadth and beraly of intelligent
American opinion contrasted with the and
narrow spectrum Of the woud-be reformers
I'm the ordinary transactions of life find everywhere
clear and positive recognition of the importance and
necessity of public worship and the fostering in every
possible of religious institutions The open
ing sessions of deliberate bodies and most conventions
with laws requiring observance of the Sabbath
the general cessation of all secular business the closing
courts and legislatures and other similar public assemblies
the various churches and church organize
ttons which abound city, town and community the
multitude charitable organizations existing all the
country under Christian auspces the missionary societies
and associations which receive general support and aim
ing establish the Christian religion in quarter Of
the and other matters which might be
noticed emblems Christianity and emphasize that
Mans chief and highest end is to glory God and fully
to enjoy Him forever That he may do integently
according dictates of his conscience is the
primary purpose all Christian civilization. The general
terms used in prohibition section of the constitution
should not construed prevent religious worship and
in that the of the act which
was to morality and religion by preventing in
temperance and intoxicaton."