Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-01

Court. Plea, the general issue with
brief statement that the claim or de-
nland in the above entitled case is
wholly for intoxicating liquors sold
In violation of Chapter 20, Section
81, Revised Statutes Of Maine, 1908,
and in violation Of Chapter 81, Sec
ton 56, Revised Statutes of Maine,
1883, then in force at the time said
liquors were seized. The verdict
was for the plaintiff for $40. De-
PENDANT then filed general motion
for new trial.
The Maine Law Court Held: "That
any liquor containing alcohol which
Is based on such other ingredients
or by reason Of the absence of GER
tain ingredients that 1t may be
drank by an ordinary person as a
beverage and in such quantities as to
produce intoxication. is Intoxicating
liquor. II its composition is such
that it is practicable to commonly
and ordinarily drink it as a beverage
and drink it in such quantities as to
produce intoxication, then it is in
toxicating liquor within the meaning
Of the statute.
IAN action for the price of intoxi-
eating liquors sold contrary to the
laws Of this State cannot be MAIN
tanned in the courts of this State"
Cites Another Opinion
Then there is the opinion of the
Maine Law Court in the State of
Maine VS.. Intoxicating Liquors and
Vessels. Dolan & F'urnival Company,
Claimant-opinion dated June 5, 1919,
and contained in Maine Report 11s
of 1890.
This was complaint and warrant
hal ~f %4ky 80
or. compounds known as Jamaica
ginger. The liquors libelled con-
sisted of quantity Of each Of three
different grades Of Jamaica ginger.
seized at claimants extract manu-
featuring plant at Portland. The
three grades were represented by
Safes exhibit 1, which was claimed
to be medicinal preparation made in
accordance with the formula pre-
scribed by the U. s. Pharmacopeia
and containing 90 per cent Of alcohol,
and States exhibits 2 and 3, claim
ed to be fiavoring extracts and con-
tanning respectively 2S and IS per
cent OF alcohol.
The question presented was wheth-
er any or all of the different grades
of extracts represented by said ex-
hibits were intoxicating liquors
NltliiIl the meaning Oh INC fScVlSeO
Statutes, Chapter 1877. Section 81.
In this case the Maine Law Court
held:
/. "The intent of the claimant
that the Jamaica ginger should be
used only as a medicine or for house
hold purposes, and not as beverage,
does not control in this case.
2. M its composition is such
that it ispracticable to commonly
and ordinarily drink il as a beverage
and drink it in such quantities as to
produce intoXicat ton, then it is in
toxicatins liquor within the meaning
Of the statute. 1t is imlnaterial
whether the plaintiff had any knowI-
edge for what purpose the liquors
were purchased If they were in fact
intoxicating liquors and intended by
the purchasers for illegal sale in this
State.
3. at is the opinion of this court
that the Jamaica ginger now held
in this case is an intoxicating liquor
within the meaning of Section 81,
Chapter 127. Revised Statutes. 1t
therefore follows that any sale there
of is an unlawful sale and any pos
session for the purpose of sale is an
unlawful possession under Revised
Statutes, Chapter 1e5, Sections ~
and g."