Intoxicating-Liquor Cases’s Empirical Analysis

Citation profile

1 federal appellate · 4 district · 46 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All liquors mentioned in section one of this act, and all other liquors or mixtures thereof, by whatever name called, that will produce intoxication, shall be considered and held to be intoxicating liquors within the meaning of this act.””

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Kinsel · Sharp v. United States

2. ““It may be conceded that it would be more logical and less objectionable to say that the legislature may create an office with specified duties, and then make the person holding the position of probate judge the incumbent of 'such office, than to hold that certain duties may be cast directly upon the person holding the office of probate judge. But substance is above form. That which may properly be done in one way ought to be upheld, if possible, though done in another way ; and an act of the legislature should be sustained whenever by • any reasonable construction the act can be brought within the scope of the legislative power. If in this case the legislature had created the office of commissioner of licenses, and provided that the probate judge should ex officio be such commissioner, there could be little doubt of the constitutionality of such an act. Substantially the same thing is accomplished by casting upon him the duties named in this act. And having in view the duty of upholding an act of the legislature wherever possible, the past decisions of this court, the general recognition by all departments of the government—executive, legislative, and judicial—of the correctness of such exposition of constitutional limitations, and the ■substance rather than the form of this proceeding, we think the casting of this duty respecting permits upon the person holding the office of probate judge must be adjudged within the power of the legislature."”

   1 later decision quote this exact passage · from the majority
   e.g. Allen v. Burrow

3. ““Intoxicating liquors, or mixtures thereof. This, reasonably construed, means liquors which will intoxicate, and which are commonly used as beverages for such purposes,' and also any mixtures of such liquors as, retaining their intoxicating qualities, it may fairly be presumed may be used as a beverage and become a substitute for the ordinary intoxicating drinks. Whether any particular compound or preparation of this class is within or without the statute is a question of fact, to be established by the testimony and determined by the jury. The courts may not say as a matter of law that the iwesenee of a certain per cent, of alcohol brings the compound within the prohibition, or that any particular ingredient does or does not destroy the intoxicating qualities of Ihe alcohol, or prevent it from ever becoming an intoxicating beverage. Of course, the larger the per cent, of alcohol and the more potent the other ingredients, the more probably does it fall within or without the statute; hut in each case the question is one of fact, and to be settled as other questions of fact.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Kinsel