George Shiras, Jr.

“ The prosecution is founded on that part of the act relative to crime and punishment which forbids the sale of spirituous liquors by a less quantity than a quart at a time without license. That is a penal statute, and must be strictly construed. We are not at liberty to extend its meaning beyond its exact literal sense. 'Spirit' is the name of an inflammable liquor produced by distillation. 'Wine' is the fermented juice of grapes, produced by fermentation. We cannot so confound the signification of these general terms as to call wine a spirituous liquor. ”

“ Spirits are distilled liquors. This distinction exists, not only in common parlance, but is recognized by chemists and physiologists. We therefore think that the words 'spirituous liquors' embrace those which are produced by distillation, but not those produced by fermentation.'
Since this cause was tried, an amendatory act has been passed by congress, approved July 23, 1892, providing that the section shall read as follows: 'No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretence, into the Indian country. ”

“ It would be dangerous, indeed, to carry the principle that a case which is within the reason or mischief of a statute is within its provision, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity, or of a kindred character, with those which are enumerated. ”