State v. Hemrich

Citations

• 93 Wash. 439
• 161 P. 79
• 1916 Wash. LEXIS 1222

Syllabus

<p>Intoxicating Liquors — Prohibition — Statutes — Construction. Rem. 1915 Code, § 6262-1 providing that tbe state wide prohibition law shall be liberally construed as an exercise of the police power for the protection of the economic welfare, health, peace and morals of the people precludes a strict construction thereof as a penal statute.</p> <p>Same — Prohibition—Police Power — Nonintoxicating Beverages. In the exercise of the police power, the legislature or the people in prohibiting the sale of intoxicating liquors may prohibit the sale of nonintoxicating beverages, and may conclusively define such beverages as intoxicating liquors, within the meaning of the prohibition act, whenever that course has any reasonable relation to the accomplishment of the dominant purpose.</p> <p>Same — Prohibition—Statutes—-“Liquors.” The term “liquor” in the prohibition law does not, ex vi termini, mean an alcoholic or intoxicating liquid.</p> <p>Same — Prohibition — Statutes — “Any Other Intoxicating Liquors” — Ejusdem Generis. Under Rem. 1915 Code, § 6262-2, defining intoxicating liquor to include whiskey, brandy, gin, rum, wine, ale, beer, and any spirituous, vinous, fermented or malt liquor, “and every other liquor or liquid containing intoxicating properties,” the words “and every other,” etc., do not limit the act to “intoxicating liquors,” but adds to the things specifically enumerated; hence the act includes “malt,” liquors that are not intoxicating, and the rule of ejusdem generis has no application.</p> <p>Same — Pbohibition—Pbosecution—Intoxicating Qualities — Presumption and Peooe. Under the state wide prohibition act, Rem. 1915 Code, §6262-2, defining intoxicating liquors, the liquors enumeráted by name are conclusively presumed to be intoxicating, and as to “any other intoxicating liquors” capable of being used as a beverage, the intoxicating quality must be proved.</p> <p>Same — Prohibition- — Statutes — “Malt Liquors.” The words “malt liquors,” in Rem. 1915 Code,