Wynehamer v People.pdf - The University of Texas at Austin

888 OASES IN THE COURT OF APPEALS.Wynehamer against The People.Such I understand to be precisely the character of thislaw. The only sales which it permits (vide § 2) are formechanical, chemical and medicinal purposes — and of winefor sacramental use. Even this sxception, minute andspecial as it is, is attended with extraordinary conditions.The person proposing to sell is prohibited, if he pursues anyone of some fifteen or twenty lawful avocations; he mustbe a man of totally abstinent habits; he must give stringentbail, and he must have a good moral character. Sales mayalso be made to the authorized venders, but as they canonly sell for the particular purposes enumerated, of coursesales to them cannot be made in contemplation of any otherurpose or use.FWith these exceptions, so minute and trivial as scarcelyto disturb the general scheme, the act is one of fierce andintolerant proscription. It is unlawful to sell intoxicatingliquors, to keep them for sale, or with intent to sell, and,with an exception of no importance to the question, it is tokeep them at all. (§1-) They are declared a publicnuisance (§ 25); and not only by that declaration, but byanother express provision, all legal protection is withdrawnfrom them. (§ 16.) If the owner attempts to sell them,he can maintain no action for the price; and if they aretaken from him by force or fraud he is remediless. (§ 16.)In other parts of the act special provisions are containedfor seizure, judicial condemnation and destruction. (§§ 5,6, 7, 8, 9, 10, 11, 12 and 13.) But the act by no meanswaits for the operation of this machinery. Itself pronouncesthe sentence of condemnation, and the judicialmachinery, such as it is, which it provides are agenciesmerely to insure the execution of the sentence. Propertyis lost before the police are in motion, and, I may add, crimeis committed without an act or even an intention. On theday the law took effect, it was criminal to be in possessionof intoxicating liquors, however innocently acquired theday before. It was criminal to sell them, and under the