153 Iowa 630 | Iowa | 1912
In August, 1908, a decree of injunction was entered against one Kueehmann, whereby he was enjoined from selling intoxicating liquors in violation of law within the county of Muscatine. In June, 1911, an infor
T 3 Intoxicating safe1 by* phl®al macist. We have gone' through this record with a searchlight, and we fail to find any substantial conflict in the evidence on the pivotal proposition. The evidence on behalf of the state disclosed the actual use of the liquor ^ 1 in question as a beverage and the intoxicating effects resulting therefrom. This was undisputed. The defense confined its evidence to expressions of opinion by witnesses that the compound was a medicine, and not a beverage. The principal witnesses upon this question were two medical witnesses. Dr. J. D. Eulliam testified as follows: “A liquid compounded as shown by ‘Exhibit A’ would be a medicine, and not desirable as a beverage. It would be a tonic or medicine. Alcohol is the best known means of extracting medicinal qualities of herbs and roots; and is the best known means of preserving them thereafter. Thirty percent of alcohol is a fair amount to be contained in these bitters. I have some in my office which contains thirty-six percent. Alcohol is nine percent water. A man, if he would take a combination of quinine and whisky and take enough of it, it would make him pretty full and sick. And the use of alcohol in a medicine stirimlates the circulation; also stimulates the stomach. You .can’t find a tonic but that has more or less alcohol in it.” Cross-examination: “Might be used as a beverage or tonic.
Dr. E. B. Eulliam testified as follows: “Am a physician and surgeon in practice for thirty-two years. A liquid composed as shown in ‘Exhibit A’ would be a medicine. I have just tasted the medicine, and it is a mild tonic or a medicine.” Gross examination: “This liquid is not desirable as a beverage, and I do not believe this liquid is capable of being used as a beverage; and, if used in excessive quantities, it would be detrimental. This liquid is intended as a stomachic, and is not desirable as a beverage. This medicine I could not bear the taste of. I couldn’t drink it in a hundred years. It is thoroughly medicated. There is no doubt about that. And, if a man took large quantities of it, it would be likely to nauseate him. . . . The preparation contained in the formula might. be used as a beverage by those insisting on using large quantities of it. It is palatable enough to be used as a beverage; if a man take sufficient of it, it might. The taste would not be so unpalatable that it could not be used as a beverage. Yes; it has a very pleasant taste. Could be used as a beverage, but would be very detrimental to the person using it. There is considerable rock candy in it. That is what makes it the pleasant taste and makes it palatable. Could get along without the rock candy, but the taste would be bitter. The rock candy takes away the bitterness. The rock candy makes it more palatable as a bitters and a better beverage. In my opinion fifteen percent alcohol would be sufficient to compound the ingredients. The more alcohol you put in, the more palatable it would be as a liquor drink. Beer has about two percent of alcohol. If you put quinine in alcohol, it would de
If there is any fair conflict in the evidence, it must be found in the foregoing evidence of' the medical witnesses. The evidence of the last witness' is self-contradictory, and presents the only apparent conflict in the record. The compound in question consisted of water and alcohol medicated with a few bitter herbs and rock candy. The bitter herbs were intended to give medicinal character to the compound and to make the same nonpalatable, while the rock candy was intended to overcome the bitterness of the herbs and to render the compound palatable. Thé mere fact that the compound had medicinal qualities does not necessarily destroy its suitability as a beverage. The only suggestion in the testimony of the medical witnesses as to the purpose of this medicine is that it is a “stomachic” and a “tonic.” The formal opinion expressed by the witnesses must be taken in the light of their entire examination. It appears conclusively from the' testimony as a whole that the compound in question was capable of use as a beverage, and that it was actually used as a beverage, and that it was highly intoxicating in character. It follows that the learned district judge erred in the discharge of the injunction defendant, and that the order of discharge must be annulled. — Reversed.