Purity Extract & Tonic Co. v. Lynch

Citations

• 100 Miss. 650
• 56 So. 316

Syllabus

<p>1. Intoxicating Liquors. Malt liquors. Acts of 1908, chapter 115, section 1.</p> <p>A beverage which contains no alcohol and is not intoxicating but contains 5.73 per cent of malt i® a malt liquor within the acts of 1908, chapter 115, section 1, prohibiting the sale within the state of any vinous, alcoholic, malt, intoxicating or spirituous liquors.</p> <p>2. Acts on 1908, Chapter 115, Section 1. Constitutionality. Police power.</p> <p>The prohibition of the sale of non-intoxicating malt liquors within the state as provided by the acts of 1908, chapter 115, section 1, is not unconstitutional as beyond the police power.</p> <p>3. Same.</p> <p>The police power of the state has its limitations. But these limitations have not been reached when the state law is only made broad enough to make its prohibitory laws effective and include in its provisions frauds, disguises, subterfuges, attempted evasions, or beverages easily used as subterfuges for intoxicating liquors.</p>