rendered the above ruling immaterial, if why? Simply because it is within the it was necessary to prove that the beer common knowledge and ordinary undersold was either malt or intoxicating standing that they are intoxicating liquors. liquor, because it was clearly insufficient By this rule of common knowledge courts for that purpose. The statute (§ 9, ch. take judicial notice that certain things are 332, Laws 1882) makes the proof of the verities, without proof; as in Chambers v. sale of any malt liquor, proof of the sale George, 5 Litt. 335, the circulating medium of intoxicating liquor. The case, so far as in popular acceptation was held to mean the evidence is concerned, is outside of "currency of the State," and in Lampton this statute; for it was neither charged v. Haggard, 3 Monr. 149, the circulating nor proved that malt liquor was sold by medium was held to mean "Kentucky curname, and it may as well be assumed, and rency;" and in Jones v. Overstreet, 4 could have been as easily proved, that it Monr. 547, the word "money" was held to was intoxicating liquor, as malt liquor. mean paper currency. If a witness on the The question therefore remains, without stand were asked whether whisky is inthe aid of the statute, whether it is im- toxicating, he would be apt to smile as at plied in the word "beer" that it was either a joke, and an intelligent witness, when malt or intoxicating. The statute of New asked the same in relation to beer, might York was the selling without license of smile with equal reason. Words in conany "strong or spirituous liquors," or any tracts and laws are to be understood in wines, etc. their plain, ordinary and popular sense, unless they are technical, local or provincial, or their meaning is modified by the usage of trade. 1 Greenl. Ev., § 278. In Nevin v. Ladue, 3 Denio, 437, the question was whether ale, porter, and strong beer were included in the term "strong liquors," and it was held, without When the general or primary meaning proof, that they were so included. The of a word is once established by such learned chancellor wrote an opinion giving common usage and general acceptation, one of the most learned essays upon the we do not require evidence of its meaning composition and use of malt liquors ever by the testimony of witnesses, but look written. The subject is treated scientific- for its definition in the dictionary. ally, philosophically, historically and Whisky, according to Webster, is "a geographically, and the opinion is well worthy of reference and reading; but it is not necessary to reproduce it here further than to say that it is shown that malt liquor, as ale or beer, was made and used as a beverage before the time of Herodotus, and has continued to be made and used all along down the ages, and in various countries, until the present time. At the present time we all know that this malt liquor, under the generic name of "beer," is made and used in most of European countries, and in our own, and is a common beverage. As long as laws for licensing the sale of intoxicating liquors have existed, brandy, whisky, gin, rum and other alcoholic liquids have been held to be intoxicating liquors per se; and spirit distilled from grain;" and beer, according to the same authority, is “a fermented liquor made from any malted. grain, with hops and other bitter flavoring matter." It is true that, to a limited extent, there are other kinds of beer, or of liquor called beer, such as small beer, spruce beer, ginger beer, etc.; but such definitions are placed as remote and special, and not primary or general. So it may be said of other substances having a common name and meaning, such as milk or tea. Milk, according to Webster, is "a white fluid secreted by female mammals for the nourishment of their young." There are other kinds of milk, however, such as "the white juice of plants," which is the remote definition; or milk in the cocoanut, or that in the milky-way. Tea question was one of law whether "ale” is defined to be "leaves of a shrub or was a "strong and spirituous liquor" within the statute, and it was held that it was, from its long use and well-known qualities, and from common knowledge, and its definition in Webster. small tree of the genus Thea or Camellia. The shrub is a native of China and Japan." There are other kinds of tea, such as sage tea and cammomile tea, etc. The latter are the restricted uses of the In Parker v. Wheelock, 3 Parker Crim. word. When asked to take a drink of 9, it is said in the opinion: "The word milk or cup of tea, it would not be neces- beer,' in its ordinary sense, denotes a sary to prove what it meant. Why is it beverage which is intoxicating, and is more necessary to prove what is meant by within the fair meaning of the words a glass or drink of beer? When beer is 'strong or spirituous,' as used in the called for at the bar, in a saloon or hotel, statutes, and it was held that it was inthe bartender would know at once, from cumbent upon the defendant to show that the common use of the word, that strong the word was used in a restricted or beer-a spirituous or intoxicating beer-qualified sense, such as to denote root was wanted; and if any other kind was beer, molasses beer, etc., and this is unwanted, the word would be qualified, and questionably the correct rule in such cases. the particular kind would be named, as In Commissioners of Excise, etc., v. root beer or small beer, etc. When there- Taylor, 21 N. Y. 173, it was held that fore the word "beer" is used in court by "strong beer" was within the statute. a witness, the court will take judicial notice that it means a malt and an intoxicating liquor, or such meaning will be a presumption of fact, and in the meaning of the word itself there will be prima facie proof that it is malt or intoxicating liquor that is meant. In Rau v. People, 63 N. Y. 277, it is held that "strong beer" was within the statute. In State v. Goyette, 11 R. I. 592, it is held that the court should take judicial cognizance, and without evidence, that "lager beer" is a malt liquor, and it is When the witnesses in this case testified said in the opinion by Chief Justice that the defendant sold to them beer, the Durfee: "Lager beer is, and has been for prosecution had sufficiently proved that many years a familiar beverage in this he had sold to them a malt and intoxicat- country. Its constituents are enumerated ing liquor, for both qualities are implied not only in books of science, but in popular in the word "beer." This as a logical encyclopædias. It is a malt liquor of the conclusion and principle of law would lighter sort, and differs from ordinary seem to be well established by common beers and ales, not so much in its inreason, and we think it would be difficult gredients, as in its processes of fermentato find a single good reason against it. As to decisions and authorities upon the question, it must be confessed it would seem that those which require proof that beer, or the liquor sold by that name, is intoxicating, have at least the weight of numbers. But there are many authorities, of the very highest judicial source, and based, as we think, on far the better reason, which hold the doctrine we have indicated. These we feel bound to follow. In Nevin v. Ladue, 3 Denio, 43, the tion. The government might almost as well be required to prove that gin, or whisky, or brandy is a strong liquor, as to prove that lager beer is a malt liquor." In Massachusetts, "strong beer and lager beer" are to be deemed to be intoxicating by statute, and that is conclusive. Commonwealth v. Anthes, 12 Gray, 29. Many authorities to the same effect are referred to in the above cases, and many more might be cited. It is useless to cite comment upon that large class of cites chapter 332, Laws 1882, which proauthorities which hold the other way, for vides, that in lieu of a fine, the defendant we disapprove of them, and follow these, may be punished by imprisonment not to founded as we think in the better reason. exceed sixty days, nor less than twenty. The sentence is strictly according to sec The court is indebted for the above cita- The judgment of the Circuit Court is affirmed. WATT STEPHEN., GENIUS OF STEAM. This is a Christmas Annual, which, un the defendant complains of the peculiar manner and language of the court in ruling like most holiday books, treats of a subupon this question, and cites authorities ject interesting to old and young, and is a that even the improper manner of a judge, veritable volume of instructions. which influences or prejudices the minds veritable volume of instructions. of the jury, may be assigned for error. But those authorities are only to the effect that a manner or emphasis or form of expression which may be reasonably interpreted to express a wrong opinion as to the law or facts, or to express an opinion of a fact which should be left wholly to the jury, may be assigned as error, the same as words of the same effect. The rulings of the learned judge in this case as to this question were clearly correct, and if his peculiar manner gave them force by emphasis, that was not only proper but commendable. If it is not a fault but a high merit in a judge to make his rulings clear and positive, so as not to be misunderstood, and the only question for this court is whether such rulings were correct as matters of law. His manners we have nothing to do with. That is a matter entirely personal, except when ex The Genius of Steam takes Ned on a trip, gives him the philosophy and elements of air and water, and the phenomena of heat, steam and combustion. It is illustrated with cuts of steam ma chinery from the days of Hero, B. C. 200, to the giant locomotive of to-day. Cover in four colors; 18 illustrations. Sent postpaid to any address upon receipt of 15 cents in stamps or postal order, by E. St. John, G. T. & P. A., Chicago, Ill. University of Notre Dame. HE important advantages afforded to students of the LAW special attention. It is their privilege to pursue the studies of the regular courses of the University and acquire a complete knowledge of the languages, the sciences, mathematics. are delivered daily for the law students. Teose who end philosophy, logic, etc., as well as of the law. Two le ures both lectures may finish in two years; but the regular pod of study-the majority attending only one lecture-ish e years. Students may enter at any time, their year beginni from the date of entrance. They undergo no extra expens in availing themselves of the advantages indicated; nor is it nece sary to buy books, the University law library being large enough for practical uses. Cases are tried weekly in the University Moot Court. Thorough instruction in all branches of the law is imparted. Send for catalogue. Address. REV. THOS. E. WALSH, C. S. C., President of the University, Notre Dame, Ind. pressing error. We think the rulings of UNION COLLEGE OF LAW. the Circuit Court on this question were clearly correct. 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