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Show H I INTOXICATINO LIQUORS. H I Our attention has been called by one H I of the city authorities to the qucs- H tion of what are intoxicating liquors B under the law; it being claimed by H some of our citizens that alleged me- H dicines, such as bitters Jamaica gin- H ger, and other preparations that it H is well known will produce intoxicat- --V " ion, do not corns within the power H- of the law to prohibit being sold; - I while others take an opposite view of fl the matter. In this connection it is B said that some time ago a case came " v up before the court of the Fifth Ju- ft "k- r dicial district in the city of St. fl1 X ' ucorge in which the city maintained H' "at they had the right to prohibit H. m lc sale of this class of medicines, t And which resulted in the defeat of fl the municipality. We arc reliably V informed that no such case has been V, tiled there. In view of the fact that H m J our dealers have been notified by B ( i t'ic Cltv ccrs t0 no longer sell this H -" S K I class of medicines, it is an interest- ! 4. U I iig question as to whether the law H X I -y will sustain the action of the city or Vk '4 I ,'1" " l'lc "Uurcsts ol pence and H X I 7 gocd feeling we present an H m I ati'.bMract from the great modern L 'r law work, The American and Kng- BL j u li.h Encyclopedia of law, on the H j J sly .subject of what is considered by the Bw J courts to be intoxicating liquors. H ' i-,-. ' W The work in question after quoting H 1 -M , rain u number of cases in explana- HjT " ""3 .tion of the matter, sums up thequcs- H-. Wk tion in the following language: Hp' K "Bitters and ojher medicines. l 5f . ,- .- lib .is ur"r""iJ'im.V V .. bB -Sg35ir.r'iITWKv- ..arin intoxicating r'.IlHuOrs does not atply to medical preparations in whict alcohol is used in quantities capable o! producing intoxication, such as bitters, tinctures and the like, which are in good faith made and sold for medical purposes but that it is otherwise with intoxicating intoxi-cating liquors intended to be sold and used as a beverage, though dis-guibed dis-guibed by some tincture or prepara-i; prepara-i; - tion so as to have, to some extent m . m the flavor or appearance of medicine, H M The prevailing opiuion, however, W J7 seem;, to be to the effect that if the H Jflf article sold is not changed in char- P JWTL acter, but still remains an intoxicat LLV S "' lcluor lhe addition of roots, H IJLi herbs, bark, and the like, will not H j -""'' take it out of the operation of the Hr ' W-i- stauitc. It has been held that as to H- fk articles not known to a given for H ; m inula and sold under a specfic name Bl f.!ff v- as bitters, cordial, tinctures, and the H. 8 like, whether they are withinthestat- --V 9' lUe 's a question of fact for the m B jury and not a question of law for H gd 'lle C0l,rt tl)e rule'or test being that H ffe if the compound or preparation is H-. BH 1tlcn l'lat tne distinct character and H t j . -"effect of the inttoxicating liquors H. 1 'ifrr are 'stroyet anc' 'ts use as an 'n H I V toxicating beverage practically im- H m posiblc by reason of the other in- H J 6 grcdients, then it is outside of the B-H fj .statute; but if on the other hand, the H ( aj intoxicating liquor remains as a dis Hi ' W t'lnct force in the compound, and H gg such compound is reasonable iiablc H M to be used as an intoxicating bever- H - m age, then it is within the statute." H 1li''VJb wou seem that where dealers PA BME ? have the welfare of the community m JF;i fl at heart and are aware that these m a s articles are being used in the inter ' ests of intemperance it would rcqui- H JA re no force to induce them to dis- H mk continue the sale of such a class of H ' EJ- ' merchandise, and we do not believe K VM that we have any dealors in our city H ' If1 who will continue to sell such things H ''? after they realize that to do so is to M " assist in injuring the moral status of vi X. the community. We also believe Hi l, ' that it is better in cases like this to "V ask men to do what is wanted than H "jji to order them to do it. There are J but few people that relish being li& commanded or ordered. .u |