ThisNcwBiKiOBSEnvEa J v 1 i- 'i.;,v...- IV. -6. " T-- r"C" :? -1' S PCBUSJUD PaILT (KXCsnMoDAT) AMD , WmCLT. .1 .1' Bv THE NEWS AND OBSERVER Co. Daily one year, mall, postpaid, ( air month. '. three " Weekly, one year. " ' slxinonflls 140 name entered w iihout $7 00 8 50 1 75 2 00 ; 1 00 pajmrnt, and no paper tent after the expiration of time paid for TUESDAY, JULY 6, 1886.' J- So far, it seems, the British elections have gone ait Mr. Gladstone, j- Ah immense labor; uemonsfratipn in favor of home-rulr fox imlaild was; field" in New York ;M-st-rday afternoon rf ne 75,000 people took j.j-rt in ijt. Tii ac tion can Lbroly bo cAr"' ' to uuusi the elections across the- Water, ii v. r. Ir will not be difficult to remember that all sorts of disaster to the finances of the ooantrj under our democrat Pres ident, CleTeland, were predicted by the politicians of a certain party. Strung to say, though, the figure i . iuv first fiscal year of the present treasury admin istration which ended with Jane do uot confirm the prediction. The receipts and expenditures for tho year as com pared with those of tho year preceding were as follows : x Receipt. Customs, 'nf revenue. Miscellaneous, 1885-0. rss4-l. 192,74 ,842.12 lllHi,-t71,!39.3 117,034..V28.W : 112,4!N,726.. 4 .It is nt-irtood tu.M tbe .cfivt eon. v. t.os i.iiKcU to ?ttae tdVitfKAf. was pit the rfi;UL 1 1 i retiiu crau i "rvioe out the V.l'.. l.t aid apj.o'.p tine 11 ts u Th;.-. iiiuit Arthur : and ? 1 Total. expenditures. Ordinary, lVnsiora, interest, fSW, 144.290 87 M23,UW.70.:N $1.10..?,611.84 $152,738,411. 1 64,702,451.08 i 56 ltl2,27 4! oO.jSO.O.fl.lO - 61,3!S,2i.47 Total. 1 'ood jivlJOtuy; tl.. d-:d. -.41 C.xgbS'.s J. Tkvvi ir. '.f Sf-w Vrk, says that icder -no vn'cutitaagcji will he ever return to Ccpgrete; that hei is tired of public life an3 with this session proposes to end bis political fareer.: So the country will hayo to ug uloug without Mr. Hewitt. JTbat it oan pos sibly afford to lo bo is evjdont from the fact that Mr Hewitt is in favor of the still further protection of th$ jiant in fant industries of the North Refbbsx.siatiax Rki has been made one of the committee which the deo- i '- . cratio tariff reform conference of a week ago autiiorized Ueu. uJragg to appoint to oonsider the advisability of preparing an address to the country On the subject of tariff reform. The selec tion is an excellent one. Mr Roid ia one of the most intelligent nidfc in Cou gress as well as one of the inost elo quent. He is one of those, too, with old heads on- young shoulders Iir the case of the Lake Shore strikers at Chicago, Judge Gresham rules that a railroad, not in the hands of a receirer. ia entitled to the protection of the Fed eral court, and as the Federal! court is backed by the Federal, government, striken who beset railroad property ate liabl i to be confronted not only by. local authority but by the full power of tie United states, which is I of course prae- tioJLly irresistible, j lnis will: nave a tendency to disoourage plans for strikes a little, doubt.ess. , - Thx democratio Hense goz right on curtailing the elegant extravagance that lean auspices. in charge the now f24,5,(il5,742.3i $ift0,22,la5.11 this table look like grealor on the part of ttie pat ent adiuin-stration tor tbe contrary Cannot ho who runs read the answer in. fiV'ir of the democracy? The larjre ro U ni t if i Oil ordinary expenditures will noLed by the people and in connec tion with this will be taken the fact that t! o publio debt has been reduced 90, UO0.UU0 during the year, or more than. C i.:-tbirJ more than the year previous,' and the fact that even mpre pension oriole were paid than in any year pre vious, except 1883. We do not lay much stress oil the two last points, iu themselves sinco we do not pee the ne cessity for any harry in-paying off tbe debt utid would be satisfied with very much le.cH jicnsionx paying than that nt obtains, but the points ;.rtainiy do not indicate ex Tho faet. is that we are I: to "greater simplicity and tbe administration of atlairs which at pi referred t, travagancK.' getting bu. economy iu &nd tbe pec!ric have the honest democ racy to thank therefor. Vinous aud Halt IJquoiv. grew up under repub The committee having general defioiency bill seeks . to HE QUESTION Ot THXIK SALS CNDSR TUX LAW OPINION 0? GKO. H. SNOW XSQ , ATl'v FOB 4THB BOARD Of COUNTY COM MISSIONKKS. Sec. 3113 of the Code, vol. 2, pro vides : "It shall be the duty of the board of commissioners of any county, upon peti tion of one-fourth of the qualified voters of any county, town or township, in rnrir respective counties, to order an election to be held on the 1st Monday I in May (now June) in any year, to as certain whether or not 'spirituous liquors may be sold in said county, town or township." Sec 3116 Ibid, provides: f 'If a majority of the votes oast at any sueh election in any county, town or township 6ball nave written on them the word '.Prohibition,' then and in that ease it shall not be lawful for the board off commissioners to license the sale of 'spirituous liquors' or for any person to sell any 'spirituous liquors' within such county, town or township. Such person offending shall be guilty of a misdemeanor. &o. ' ; A petition was filed before the board df oommistdoners of Wake county under olid and an election by it ordered bring about reform in the practice in dulged in by the board visit the naval academy appointed to at Annapolis. sec in Raleigh township, on the 7th day of I liquors X - ClOO l"l li l " r- I une, iooot wnicn resuitea in iavor oi J uatld to prohibition Application isjiow made to the board It has been the custom for vears 'ts bud- I of commissioners for license to Bell in dIv this board with irreat auantitiea of wuship vinous and malt liquors m - an t ma . win and innora ttftV. ;tK unJ ' question presented is,; do the j j. r i) l! i i si. fnt , I words "siiritnous liauors. " as used in board which visited the academy last I Bca' olio and olio of the Code, being same form as in the original material year incurred tbe expense of upwards vr""u uom wnicn the liquid was made oi $o,uuu auring nve aays . visit, a voucher for Which was on Friday cresen ted to the House. The actual costto the an were produced by distillation only." In this State the distinction is clearly drawn in all the revenue acts between the terms spirituous, vinous and malt liquors Vide sec. 3701, vol. 2 of the Code, beginning "Every person desiring to soil Hpirituous Or malt liquors, wines, cordial or bitters in quantities les8 than quart shall" &c , and vide sec. 34, chap. 175, Hts of 1885." "Hveryper son. company or firm for selling Fpirit uous, vinous or malt liquors or medica ted bitters, shall" &o ''Nothing in this section contained shall prevent any person selling the liquors and wines of their own manufacture, or anv person from selling spirits or wines, the product of his own farm", Ac. In Missouri. I Stato vs. Lamp, 16 Missouri, Ben nett, which "was an indictment for sell ing liquor without a license; beer is defined to be a fermented liquor." Iu Massachusetts. .Commonwealth vb Grey and wife, 2nd Gray, p. 501. "A complaint or indictment which ; alleges an unlawful skip of 'spirituous' or 'intoxicating liquor' is bad for uncertainty " Judge Mctcalf delivering the opinion says.: "1 he two words are not srnony mous. All'Spirituous liquor is intoxi cating, yet all intoxicating liquor is not spirituous. In common parlance spirit uous liquor means distilled liquor, and such we believe is its meaning in the statute. Fermented liquor,, though in toxicating, is not spirituous." Again iu Massachusetts. Commoi wealth vs. Herrick. Oth (lushing pp. . 465, 408. Chief Justice Shaw says : 1 "The word 'intoxicating' includes a larger class of eases than spirituous. They bear the relation to each other of genus and species; all spirituous liquors are intoxicating, but all intoxicating liquors are not spirit uous." In Connecticut. 8mith vs. The State, 19 Copn., 493 "This was a complaint preferred for selling, as it charged, wine, spirituous liquor or other intoxicating beverage to R, he being a common drunkard, in violation of the statute. "The defence was that there was a misjoinder of offences, and that the of fence was stated in the alternative.- The State contended that wines, spirituous liquors and other intoxicating beverago were synonymous terms. This was held not to be so, and the complaint was adjudged insufficient." In New Hampshire. Walker vs Prescottj 44th New Hampshire, p. 511. Judge Bartlett say a : "Ale being produced by fer- less than a quart without license. There mentation ana not py distiUlation, is was a special verdict as follows : That not spirituous liquor within the mean- defendant was not a regular dealer, in ing of the act, but what is sold m ale spirituous liquors, but mad? wine from may be so mixed with spirituous liquor blackberries, in the usual way, without as to fall within the meaning of tbe adding braindv or whislcv : t&at Hr-fohd. statute which prohibits tho sale of any ant was a shoemaker, had a sIod oa tho urma im rii.t.. n 1. : 1 I... ... - w oyuifcuuua iiquur, mixea or unmixed, and where that is a fact, it may be shown by evidenoe." Again in New Hampshire. State vs. Adams, 51st New Hamp shire, p. 568. Smith, Judge, says : "The indictment charges sales of spirit uous liquors only. Fermented liquors are not in common parlance spirituous l ne tatter term is popularly designate distilled lia aorB as distinguished from fermented liquors. "It implies that the beverage is com posed in part or wholly of alcohol ex tracted by distillation; -it does not apply to a liquid whose alcoholic proportions arc micui mu exist suustantiaiiv 1U IDO said 4th section." The topBt eminent writers on criminal law say' that the term "spirituous liquors? does not include wine and other for men ted liquor; sec Bishop ou Criiu'i nal Law.:; vol.. 2, sec 1145. title Spirit uous Liquors. "These woro's d- not include wine and other fermntad liquor,! for they imply that the beverage i-t composed in part or fully of alnbl extractt-d by distillation." - i Wharton on American Crimiual Law is to the same effect. Thusi it will be seen that there is ail appateut uniformity in the decision of our sistf-r States upon this subject, ur! were it not for the respect I enter lain tor tho legal opinion bf onr atrorney ereral) so recently y published in lb aewspajfers, I would not have used this word "apparent." : " . Eminent text-writers, as above quoted, agr4e that spirituous liquors do not embrace vinous, orimalt liquorst ,Lot us now examine and'sce whu' diai tinguishiod lexicographer defim: ihb word "spirit" to be. Mr Webster says it is "a liquid produced by distilla tion, especially alcohol, the spirit oi spirits off wine from which it w; first distilled.'? ; "Heneo rum, whipky, brandy and other distilled liquors, having much alt cohol in distinction from wine and maljl liquors."' ; ! i "Spirituous; containing spirit, con sisting of refined spirit, ardent, as spirituous -liquors." : Mr. Worcester defines ; "spirits" tb same as Mr. Webster J In common -par lance the words sniritnous liunors Ad not inclmde wine orimalt liquor. I there a man in this prohibition : rritry who would go into a bar-room 'nd call for a drfhk of fepiriSuous liquor and mean wine or Deer V And as there a manj dealing im the traffio who would gi ve a: raaa a glass of beer if he called for spir- ituous liquor ? i bo I think I have abundantly shown; Dy the highest courts in the States which bare considered; the matter, byy . " ' - .... . r tne most eminent and reliable law writers, by standard lexicographers andi tne orainary signification and meaning given to it among people in general, that the phrase 'jspirituou8 liquors" does not include vinous and malt li quors. ; I shall now proceed : to consider the question iia ithe light of judicial and leg islative construction iu our own State. First I will take the case upon which the Attorney-General predicates his ad vice, to-wit. State vs. Low ery, 74th N C. Reports, j page 121, j January term. 1876. This was an indictment for re- Bide of the pubho road, and kept a bar- Kny foreigu admixture of government of entertaining the visitors snoaid, it is estimated, not exceed 350 annually. This figure will prob ably be fixed upon by the itouBe and insisted on as in the line of Democratic eooiomy: At xbE ume epproulhes for th'meel i .. . . l ' ing of oar-pri!uarif, that js to say, our townsh: tiid w-srd conveutions, every aem-ccrai kuJUid sue up his mind to do his whole dJty with regard, thereto He should rcalbe tbe importance of hu single voice and lend that voice with a will to the cause of getting the ttest and most capable men in the party into - the places of trust and honor to be tiled 1 he Democratic party furnishes the fit test men for public positions and the fit test of these. only should be! - chosen by tne ran ana nie ot tne party to repre sent them The public gopd demands that democrats should hold! tne , offioes and each democrat should Uke care that in so far as he is able to bring about the resuu me oesi aemocrats snau be ; put on guard. j.ne ancient maxim fsio ' blesse oblige," applies in this case as in others. Let every democrat therefore attend, if possible, the primary meet . ings and let him vote. JNo man is' too great and none too small to do so. The primary is the first expression of the voice oflho party, and as such it should be full and frank. and malt liquors? Before 1 examine the legislation on the subject of the sale i of li quors in this state, before and since the adoption of the Code, which contaia the sections sought to be con- Is trued, let me see to what erteut the subject has received judicial construc tion tn the other States of the Union iwherie the evil to be remedied, to: wit : intemperance, was State, I find, in Indiana, State vs. : Moore otn macxiora d. liB the Court aavs! M 1 J w " "This was an indictment for retailing The fact that ale contains from 4 to 10 per cent, of alcohol, which can be separated from it by distillation, docs not bring ale within the clas of liquors called) 'spirituous ' If that were the test fermented milk, would be 'soirituous .' ior aleohol can be obtained from it bv distillation. The respondents had a right to Buppose that jthe words 'spirit uous liauors' were used in tbn indict. tbe cause as in our mont in thai ri);nvr'ain;A.4:. j not in any possible meaning which an ingenious lawyer could plausibly con tend tney would.bear. i If it be conceded that : ale. porter and rel of the wine in bis shop, from whiqh he retailed; to one Charles Fisher, being of opinion that blackberry wine was not spirituous liquor. The jury not know ing whether blackberry wine made in this way was spirituous li quor or not, Submitted that question to1 tho court Up'n this spe cial verdict the court rendered judg ment of tot guilty and thereupon the State appealed j Rodman, Judge. "If the question presented by tho case was the general one whether what ia called blackberry wine always Or usually contains alco hol, and bo would come under the head of spirituous liquors, it would be a question of fact on which; wd coul l give no deciaion.l We may be; allowed to as sume, as matter of common knowledge, that when first passed from the berries it contains no alcohol. After it has re- . mained a certain time, the longest of which depends" on the temperature and perhaps on other causes, it will, espe cially if the berries were fully ripe, or if sugar has been added, undergo a fer mentation by which alcohol is geuer ated, and after a certain longer time ,it may undergo another fefcaientatiou iu which the alcohol will 'be converted into vinegar. So that when &i any give n time aleohol is present is question of fermentation, it is in the face of the de cisions hereinbefore quoted from other States, in the test o a decision of cur own Court, and in utter disregard of an express uct of th legislature of North Carolina. 1' irst in regard to the d eisious of our own court, in the ease f Kizer vs. nuiiuieman, .in dor. u ports, page 42!. Judg-i Win. II Battle says: "The only question presented in this c:ise. is whether champagne wiue is 'liquor' within the rueauing of the Revised Code, chap. 79, sec 4." That section enacts that "no keeper of an inn. tavern or or dinary, or retailer of liquor by tbe small measure, shall sell to any person, on a credit, liquor to a greater amount than ten dollars, &o." The term liquors is certainly broad enough in its meaning to embrace champagne wine, and being thus embraced -in the letter, we think it equally so in the spirit of the act. The object was to prevent tippling to an unreasonable extent, by preventing a credit for it to an amount greater than ten dollars. Extravagant potations of wine may not be quite so injurious to health as the drinking of the same quantity of ardent spirits, but it may become equally as fatal to the morals of those who are tempted to indulge in it. - An additional argument that vinous as well as spirituous liquors wero intended to be embraced in this sec tion of the act, may be derived from tbe fact that in the Gtb section "spirit uous liquors" are particularly specified as those for the retailing of which a li cense must be obtained from the county court. Why use a more extensive term in the 4th section unless other than spirituous liquors were intended? Uur opinion is" that upon a proper construction of this section it embraces both in letter and spirit vinous as well as spirituous liquors, and that conse quently bis honor iu the court below erred in holding that champagne wine was not embraced in it." Is there not a clear distinction be tween vinous and spirituoos liquors pointed out in this opinion?. Now let me quote the act of the legis lature to which reference has been made. . The act was passed in 1874 and 1875. The State vs. Lowery, decided at January term 1876. Acts of 1874 and 1875, chapter 208. "Sec I. That all wines made from grapes, blackberries, currants, goose berries, raspberries and strawberries manufactured in this State from fruit raised in the State may be sold in bot tles corked or sealed up and not to be Greensboro Female College GREEITSBOHO. IT- ! The S. r!ou of '886 will begin im th! 23th of August with in- reuvri f?vantiipri.. Number of pupil enrolled lb past year, ei Tlie iroie ity of the in stituiiom U lsed on inerjt. The Ficttltv in conotied of Ifi :iec. iiiiiij.iri li.. nd gentle ' w II ii.ili d to give in struction in Uuir n-Hpective d - IWITl MOB!. llf.it .. - - ua-MMJO V All Rtruction used for 8eirimr i 23 I'll rmg'V ri ..V. I t t . . r- j munninip ana inor 'IT wughnew cl mental - ttln in g. iirttS . sopww au vantage, ottered in '-r i in ueimrLuiRDLa nr u i ...i - . - . tuli, All, Mod rn Laniruageg and Elfw u- tion. Speolal attention paid to pbyku-n) development, health nd comfort. We claim to oiler advantages, not surpassed by any female school in the South, OB very moderate terms. mm j -. a i - - . - 4 For particulars apply for catalogue to T. M. JONESj I'resident. EDUCATIONAL. SELICT BOARDING AND DAY SiHOOL 18&9.) For Young Ladies and Little Girls. (Fot'KDKO Laaies ILlLLSBORO, 2s. C. drnnV An t.ilA ."O m ia.a nw,n -1 J ." tailing spmtuous liquprsin quantity quantity, whether greater or less than one quart. Provided, that nothing herein contained shall authorize aav person to sell any of the wines mentioned in this section to any person who ii a :miuoninder 21 years of age." 5cc. u. lnat this act Bhail not ap ply to any wines which' have or contain spirituous The Scholastic year of the Aliases Nash and Miss Koilock's school will commence Sept 3d, 1HHV, and end June 1, 1887. Circulars on ap plication. PEACE INSTITUTE, RALtlUH, N. C. For Yonng Ladies aud SmaTl Girls. Fall session cf'nunences first 'Wednesday in September and closes conesjmndmg time in June following. An experienced and highly accomplished con)of teachers in all branches usually taught in Frst-class Seminaries for young ladies and girls. Advantage for in struction in Music, Art and Modern Languages unsurpassed. Building heated by steam and lighted by gas and electricity. Expenses less than any Female Seminary offering same ad vantage. Special ; arrangement for ntnall girls Deduction for two or more from same family or neighborhood. Correspondence solicited. For Catalogue address lttv. &. JJUiiWELL & SOX, : Kaleigh, N .C. FOUNDED IN 1842. St. Mary's School. RALSIGH, N. C. TnK Rev. BENNJlTT SMEDES, A. M KKCToa AND FKUCIFAL. A corps of fourteen efficient instructors. Thorough teaching guaranteed". French taught hy a native; Utman by an j mtrivaa educa ted in Uermany. Latin a req iiaiu- for, a fuil Diploma. Great attention is paid to -Mathematics and Composition. Elocution a specialty. One of tbe best equipped schools of Music in the South. Separate building-c, lire teachers one from the Stuttgart, one frm the Leipsic conservatory; a nne Vocalist; sixteen piauoa for daily practioe two new.Conrert Grand for concert use, a Cabinet Crgan; a tine Pipe Organ, with two manual and tw nty step, and the only Pedal Piano south of N w York. TheArt Department under the charge j oi auie ana eninusiastic artists. The Course comprises Drawing; in Pencil, Ciayon snd Charcoal; Painting in Oil, Water Colore and Pastel, ami Decorating China in Minerals The Physical Development of the pupils trur ouguly cared for. Uhe Ninety-first' term begins Sepu lo ber Wh, 1886. For jcirculars conU.uuig ;nll Tiarticulara apply to the Rector. june 16 d&w 8m. SUMMER RESORTS. Smer and Wintfi Resort. BATTERY PARK HOTEL ASHEVLLLE, Ji. C. The city of Asheville ii located on the high broken plateau between the Blue Bidge and Appalaehiau chains and is accessible by rail from all points of the compass. . ' . The Battery Park Is a new hotel ut com p'cted with all toe modern appliances for do ihg a lirs'. class busine.s. livdrau lie elevator. Electric light. Heated by steam and open tire. Electric bells connecting every room with tbe office. Tbe house Is built oin a high hill overlooking the town aud a stre ch of country fifty miles in extent. ..Seeneiy magnificent, rrofpect extensive. Climate delightful. For descriptive pamphb t and any informa tion prrtaining to the I; i-inm, address, C. II SUUTIIWICK, : Proprietor. HAYWOOD WHITE LILPiiljii SPRINGS WAYNES VILLE. N. U., "The Loveliest spot in all God's wonderland of Beauty." New three-story brie i.tel, f70 feet long, with verandah twelve feet wide and 250 feet long. House handsomely furnished. Every thing new, briarht cd -clean. Accommodations in every department strictly first-claaa. MUUJNT -Lin'tHJfiAALi HOTEL. BLACK MOUNTAIN, N. C, Sitnaied on tbe Uestcru North Carolina i all way, near tie foot ot Mount Mitel ell or "AtitcBdP peak," tiie bigheat land la A Bieric-a, east of the Bocky Mountains. The Mount MiWhcli hotel ia under the same man agement as the JLUywood White Sulphur, a. Very possible tlioi t will be made to make the, Mount Mitchell the most popular hotel ia Western 5ortn Our Una. For further informa tion addrtw ). c t. llMBEBLAKa . WaynesvUle, H. C port wine by small measure without cider are intoxicating, that does not al'er K01 10 e determined by some of the license "We are not at liberty to extend its meaning beyond its exact literal sense ?pmt is the name of an inflammable liquor produced by distillation. Wine ib the fermented juice of the grape or a preparation ot other vegetables by fer A-A.Z ll' . n muumuuu. w o cannot bo rar con found the signification of these g'eueral terms as to call wine a spirituous li- the case. The word I intoxicating in cludes a larger class Of cases than spirituous.- They bear the! relation to each other of genus and Bpeeies. All spirit uous liquors are intoxicating, but all intoxicating liquors are pot spirituous." in west Virginia, f State vs. Thompson. SOth West Vir ginia, p. 074 1882. This was an in- 4dM a f i ' i i utuiiucui. ivr hciung igcr Deer under a 1 tir f T 1 quwr. e iiiiua port wine is not with-1 statute which prohibited the sale of spirituous liquors or wine," exoeptfor ;i. v Thi President s vetoing gray goose quill took a little twist out of the ordi nary course on Saturday, in the ease of a private relief bill he said that t the claimant, who was a quaitermaster, , after the settlement of his accounts, was found to be indebted to the government. Thereupon he put in a claim for forage for horses more than sufficient to offset his indebtedness. There is no sugges tion that he had oi used any horses, and if he did and' tailed to make a "claim for forage at the time he settled his .ac counts, then, Bays the President, "he presents a case of incredible ignorance . of his rights or a wonderful lack of that disposition to gain every possiblo ad vantage which is usually found aniohg those who deal with the government," We should think bo. and so will evcrv- , ip this provision of the Statute. If Its oniissioi. is an evil, the Courts have no power to remedy it." In lenncssee, Caswell & Hill vs the bUte, 'Jnd llumpreys, 4t!2. the uoort Bays : ii r l .. j.uv uu-cBiiou tor oonsiaeration is whether wine is a spirituous liuuor within , the meaning of the Statute making it a misdemeanor to sell spirit ous liquors. We think it is not. Wine is a fermented liquor. Spirits are dis tilled liquors. And this distinction ex ists not only in common parlance, but is recognized bv chemists and chil es . Mr. Webster in the 18th the word "Spirit" calls it pungent, stimulating liquor obtained by; distillation J as ruin, brandy, gin Whisky. Wine he defines to be .the fer mented juice of grapes. We therefore think that tbe words Bpirituous liauors' embrace all those procurea by distilla tion, out not those- procured by form en Ution." f Again, from Tennessee, llenry Fritz vp. J ne isute 1st JJaxter. "This was an indictment for selling 'spirituous liquors' on Sunday and for aiding and encouraging the sale on Sun day. The proof was that the defendant sold lager beer on Sunday: Held by the court: lhat whether the term spirituous liquors Was intended to embrace malt or fermented as well as distilled liquors was purely a question of legislative in tent. The statute provides that 'No medicinal purposes. A. - i. 1 A . f 1 bests &nown to scientino men or Dy evi dence of its effects in producing intoxi cation and the like. But the question which the jary had to decide and which they referred to the judge fnd which he- decided as one of law, was not the gen eral one, but whether the particular liquid which the defendant retailed con tained a sufficient amount f alcohol to be perceptible to the taste or eniell or to manifest itself by its efforts in which it would be properly called a-epirituous liquor. This clearly is a question of ;iiquors, and shall only apply to huch wiues as aenve tneir ardent spirit from vinous fermentation. " This act is en titled "An act to encourage the manu facture of domestic wines in this State." :? And while this act was in force :plainly evidencing the legislative . nol- oy, Judge Rodman holds or rather in timites that a man who makes wine rom blackberries containing no foreign admixture of spirituous liquors, but made in the usual way, receiving its alcoholic properties irom fermentation, aud sellj it, is guilty of selling spirituous liquors if the alcohol is perceptible to the taste, smell, or to manifest itself by its ef fects. ; : I feel confident-that this distinguhed jurist had not his attention called to the act. Again this act is brought forward in thje second volume of The Code, chap. tf o sections forming section I of the lo- Military 0110 NOVO I ACOOemy tolt b t g" 8eCti0,U 3' M are to 'S0iSMSi from several Ot J.ne OOUe, thus emDhaSlZinsr tho I ol (-ninnvaxinniil .lisiri. U t tho ui.io n vr .u . . I - . "I O " WMV. umiii, v 1IUI Lll Carolina and thofee desiring appointments are requested to make immediate application. Cadeu receiving appointments enter the Academy free of boaid. Total enrollment of Cadeu representing thirty-three States and two Territories. Session begins July 20th Full information will be given by a i.ply- lngto COL. B. J. BUBGESS, Supt. OXFORD Jt?naie pennlnary OXFORD, N. C. Five of the leading schools in the world are np:esented by their graduates in onr corps of teachers the Stutfgrt Conservatory oi Muic, of Germany, the t incinnati Conservatory o! Music, the Univetsity Of Virginia, the Amh r.t School of Languages, and the Cooper Union Art School of New York. in consequence of tbe continued increase ot patronage, several thousand dollars w ill be spent duaing the vac a ion in enlirgu the building. Catalogues are now ready for distribution. The session of I8-6-S7 opens Sept. 1, and closes June 2. F. P. HOBGOOD, Pres. Eound Knob Hotel. MARYLAND Judge Snider in deli vennir the onin- na not law. we ao not . O AT l.l't .i n . . ion says: (mux tne legislature intendod to "The phrase 'spirituotus liauors ' in include under ; "spirituous liquors" its ordinary sense, means liauors oom- nX liquor which contains the posed in part or fullv of alcohol nro- least, alcohol, for that would include i ia . . ... . " i. . r - duced by distillation, as: distinruished from fermented and "malt liauors. and in this sense it never includes corter. ale, beer or wine So also if we tako the statute and the precise language used therein, it becomes ; apparent that the legislature did not intend that the terms 'spirituous liauors' or wines should include porter, alei or beer., The edition of first section uses all of theSo terms, whilo a strontr. I the 4th section uses the first nnlw PVir the distilled liquors it uses the genera' term, spirituous liquors,: and becauso this term would exofude wine, which is intended to be included, wine is snecifi- cally mentioned, but the .Words porter, ale or beer are carefnllv omitted. This construction is made ssill more plain by that provision of said section which declares that it shall not be con strued 'to require any person having a license ti sell spirituous liauors or wino at retail to obtain another license to Bell porter, ale or beer, Jcc' Here the liquors are put in two distinct classes. the one consisting of spirituous liquors and wiue and the other of porter, ale and beer. If it was intended that license to sell spirituous liquors or wine should include the right to soil porter, ala and beer, then this provision is useless and has no effect whatever. By using the cider which has begun to g t hard, an many extracts usually sold : by drug gists as perfumes; or medicines, which have not been usually considered as spirituous liquors so as to require the druggists to take out a retailer's li cense bt fore selling them. The phrase 'spirituous liquors is not a technical term. It must reoeive the meaning usually given fo 'it, among people in general.Its meaning should not besought to be extended to embrace more cases .i . ? i ... uiau me legislature probapy naa in view, upon any motive of benefiting the publio revenue by taxing the. inao oent beverages of the people the trifling accessories of ladies' toilets or the medi cines of the sick, i When the Legisla ture designs ,to tax the sale of these things, it will have no difficulty in finding clear words to include; them. ' The verdiot is imperfect and we can give no judgment ou it. There must be a venire de novo " I respectfully submit thatithe only Soint presented and decided' by , the ourt was that whether blackberry wine wus or was not spirituous liquor, was one of fact and not of law, and the remainder of the decision is a mere dictum. While I have the'highest respect for body else, exoept the claimant hiinse perhaps. The'people -will further agree licensed grocer or other person iu this l...i.liv. nwm a ,Uk in ' ..,.'1 I .Stitft fih.ll Af.nll ani.iliiniu 1 i . .. ' .... HU W LliU M. J 1OIUbUh V ma .'.UN .M A I tl MA I - - V w.. , IbUU Ufl 11 VI UU1 B UU 1 1 I . . - . . v I ; lowing the olaim on the grouud that it Sunday.' " , wora.B Yr 0r bw the general the legal opinions bf Judge Hodman, wou d sot a i.rMMrfunt wh eh nrtn d "lho court cone ud. that In f 4"W'"""WM 4U ,uo 1-1 aeowqa ana men yes A nust say that if be intended to ' . ' f " - w - - w-w . v- ' " - W , l a Man U i"- l - I 1 M I . hardly be .xuored. and which, if lol- the distinction made in other atatutos I": Vl"-" I1 ."P ,uu, , '"e . oiu ma, oiaoxriprry wine, lowed, wouid lumish another means of of the otato bttwetn spirituous and 7r . . . . Hwiwaaniy a u mi a case, oontainiog "no attack urj tLc trissurv as tff ct.ve is vmous and malt or fermented liauors. ." ,ct5" V PW" i wroign admutre: of spirituous li Lich aio now in operation. i the tetm U eonfoed to sueh lUnr. !uowu n01 w emD"wa tbM0 lW r qaors" was a "spirituous liquor ' ' i - ' PSTOragej ajnong thogc OXOeoUU bv the I merelv booanae it AAnaSn) AlAAhAl fmm luany 1 f I Catawba i tillage NEWTON, N C Next Kef sion will begin August 2d. Full Academic, Business and Collegiate Courses. Fine Buildings, Libraries, Apparatus, Ac, Board and Tuition Moderate. Worthy per sons of limited means assisted. Pure water and health unsurpassed. ' Apply at onee. Cat alogue free. J. A. FOIL, Secretary. The 21st Annual Session Opens Septem ber 15th, 1886. For Ctakue or Special information, apply to W. R. ABBOT. Prim - Bellevue P. P., Va., ivy ui me legislature oi iCiso in pro ulpting and encouraging the manufao- tuTe and sale of dfimestic wines which contain no foreign admixture of spiritu ous liquors, but derive their ardent spirit from vinous fermentation. Is it not perfectly plain that if "gpir itdous liquors" is defined to be a foreign admixture to alcohol derived from vinous fermentation, then when the phirase "spirituous liquors" is used in thi same chapter it docs not mean alco hol derived from fermentation; and if the manufacture of wine, whose alco holic properties are derived solely frni fermentation, is nnnnnracrori K latere did not intend S, interdict its QEEVUE HIGH SCHOOL, Bala kv tha naa nf U A I aasr j uS iiwu opiriiuuuB BEDFORD CO.. VlKUBOA. liquors i - Again as showing the legislative con struction of the phrase ' spirituous li quors." In theactsof 1881, chap 234, the sale of "spirituous liqu.rs".in so many miles of the different churches mentioned is prohibited. lij the act 6f 1885, chap. 273, see: 5 of the acts of 1881, chap. 6 just quoted, is amended by inserting after tho words spiritu ous liquors" the words "wine or cider,',.' thus showing that the legislature under stood that the words "spirituous li quors" did not embrace "wine or ci der." Again sec. 3440, 'vol. 2, of the Code, forbids the sale of spirituous liquors," not used bv physicians for tho uso pf the hospital within its penitenti- tentiary. Acts of 1885,' chap. 386, makes it "unlawful to sell or give ex cept' for medical purposes, any intoxi cating drink to any inmate of any of the penal or charitable institutions of the State." Thus using a broader and more comprehensive term, to-wit; the gene ric term intoxioating. as if the word spirituous liquors had been used in a restricted sense. In the acts of 1885, chapter 127. it is enacted : Sec. I "That no license for the sale of spirituous or malt liquors, wines, cordials or iutoxioatmg bitters shall bo granted in Buncombe countv. outside CALK BY AN A DMINIaTB ATOR. of tho corporate' limits of the city of , adminb.tr.tor of the -ojucnuo auu tne incorporate a towns I bnoiweii, i will, on the -l and villages of said county, and it shall be unlawful for any person or persons to sell such liquors, wines, cardials or in toxicating bitters, without a hoense so to do' S'.'o II. "That in any election held under aud by virtue of the provisions of The betel U opt a witt r and Kutnnier, und those fioiu the rth st tidily health or pica. ure ebonld not fail to see Kou'nd Knvti iuid i s beautiful suruundings. l.wi) atteutfon will be given to the gueit, snd tue table will 1 I, supplied with everything that is geod and tempting. Tliccl:niaU of WoUru JSoith Caro lina has lot g I etn nvU dfor it. lienefacial ef fect upon those suiii ting with lung trouble, ami nu Letter hot. 1 can bu fcund in thiscouu tiy.Roun t Knob is a very pcpular pluce iu the fuinuur and tliep'oirictor pr.ipos-s to make it so iu the whiter. A natural fountain 26H feet high; only a lew j .rein front tho hotel, is tbe highest in the w oi d and fs really one of the wonders of t:.e coMmei.t and is an ever itrcf eut attraction of this beautifully and pic turesquely located hotel, .'lelegrsph and pokt e tho-j in the hotel TERMS: 2.00 per day; f.,.60 to flO.OO tier weekj sJj-0.00 to 140.00 js r month. For further imoruiatiou addieas W. B. TltOY, ; rroprietor. SWAiNNAiNOA HOTEL ASHEVILLE, N. 0. The Iargeat brick hotel in Asheville. Broad, airy halls. Water suppiy from lT)stul Moun tain springs. Pb'hdelpbia oiche!.tra nuplojed for the summer. Acctminoiatii unsur passed. Tem-s 13 per dav. ejMciai rates by tbe week. - " RAWLS BROS. OPEN JUNE 1ST ALLEUANY SPRINGS, VA. 1 THB 0UATX8T Dyspepsia Water tvut niscovBim. Endorsed by the Medical Association ef the tate. is now the LA RU AST and most POPU LAR R1ESORT in the mountains ot Virginia. All the modern improvements; For cUnh Htw tive pamphlet and circular call on J. g. pes cud, Druggist, 118 FayetteviHe street, BaV eigb, N. C, who has the water on pale, tr ad- may 28d6w. C. A. COLHOUN, General Manager. ; lioanoke College. N THE VIRGINIA MOUNTAINS I Classical and Scientific Counes for de grees. Also, business and preparatory coarse. Special attention to English, French and icr- man 8oten. instruction thorough and prat ticaU Library 16,000 volumes. Good Litera ry societies. Best moral and religious influ ences. Expenses for nine months f 149, f 176 orf 204 imciuuiug luiiiou, uosra, c; . xncrealn pa ionKe from 16 States, Indian Terr itonrai. Alexico. Thirty-fourth Session begins 6ep For catalogue (with view of grounds, build- ings ana mountains; aoarer a. J LLlUrf D. DREUkR, President, Jy6-eo)m. . Salem, Virginia. MISCELLANEOUS.. N OT1CE TO STOCKHOLDERS. Nobtb Carolina Rajuoad Co. SacKXTAaT Ann Tkeasukik'b Omca, ' CoMhAav Shops, N. C, June 15, 1886. The thirty-seventh annual meeting, of the stocanoit-ers oi tnis company wul be held fa ureecsDoro on 'inursaay, July oth. lbS67 Stockholders desiring to attend can get tickets for themselves and tne inunediate members of their laimUes wife and children living under tneir rooi Dy applying to tne unaersigneu. P. B. BLFFIN, 8'y. Iunel6,d'ly. 1 1L late Randolph A; 0-iv oi July. issa. expose to public sale at the door ol the countv court house, In the city of Kaleigh, N. C, the interest of the said iutesUle in ol tharea of the caplul wtuck of "The C hrcnlcle lub lii.lng Company" of Raleigh, N. C. Terms of sale, on a credit of six mouths; title retained uulil purur.kM u.oney jmld In lull. Time tf siileli o'clock uu i'aitie duklrhur to put chase may address me or my attorney, Messrs. 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