Newspaper Archive of
Arkansas Catholic
Little Rock, Arkansas
December 17, 1927     Arkansas Catholic
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December 17, 1927

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Page Twenty-Two THE GUARDIAN, DECEMBER 17, 1927 ~u~ii~IlRI~j~i~ji~!~j~l~j~i~u~iiU~ji~jii1I~IiI~i1~IiIm~!$~i~jIl]~i~I~1!~I~I$~U~n~ii~iF!~Hm~Ial~ng the street with unsteady gait, -~ ]possessing a pair of strong arms with m Judge's Test Is "Can Driver Handle Car?" S. R. Cutler Says Man Cannot Be Punished for Liquor- Smell--Drunke'nness Discussed. ! ~iI]tllm{!ltli HlllnlllLii~ilt~t;m;iiillt~ILtnitillilllllil[lllliIlilllllllnil!!lll NINI Nillllllllll InNllilllNm~llIititlillllil which he is prepared to pummel any- Boston, Dec. 12.---Frank opinions on the st~bject of automobile during while under the influence of liquor was expressed last evening by Judge Samuel R. Cutler of the Chelsea Dis- trict Court, addressing the Massachu- setts Society of Examining Physi- cians in connection with a discussion of drunkenness. "The statute does not say," declar- ed Judge Cutler. "that a man shall be punished for driving an automo- bile while his breath smells of liquor, or that a man shall be punished for driving a car if he is habitually ad- dicted to the use of liquor. The stat- ute says that a man shall be punished if he drives an automobile while he is under the influence of liquor. This may seem to be splitting hairs but it is an important distinction. "It is told of a famous Boston sur- geon that, habitually, before under- taking a major operation he drank a quart of liquor. Yet when he went into the operating room his hand was steady and his eye was sure. That man was not under the influence of liquor; he rose above it. "It is said of Bismarck that, mak- ing the greatest speech of his career, ha drank whole glassfuls of brandy from a pitcher, yet he was not under the influence of liquor. The statute says specifically that the driver must be under the influence to be punish- ed." "All Drunkards Not Criminal." Judge Cutler pointed out that all drunkenness is not criminal. He said drunkenness is only criminal when the defendant became drunk volun- tarily, and that he was drunk either in a public place or, being in a pri- vate place, made a disturbance of the peace. Disturbing in other ways does not count, he said, only disturb- ing with noise. If the drunkard has got to the point where he no longer has any will power left; this state de- clares that he shall then be treated as a sick person, not as a criminal. "This is a magnificent law," he de- clared. "I defy anybody to read it without seeing its beauty." For ordi- nary drunkenness, he said, he applies ~he test of common sense. "If the efendant can perform the ordinary functions of life in the manner which ordinary men do them he is not drunk according to my ordinary test," he declared. "That means if he can go about and perform his ordinary duties with- out attracting attention, he is not drunk. We can't lock up everybody whose breath smells a little of liquor. If we did, who d put the rest in. P ?,, This test does not apply to cases of driving under the influence of liquor, Judge Cutler said. "In such cases the test is, has the liquor af- ,fected the driver? Has it affected his nerves, his eyesight, are his feet and arms coordinated as well as us- ual? Can he handle that car?" Discussion on Tests. Judge Curler's talk was part of a general discussion on the subject, "What tests may be used to determine when a man is under the influence of liquor?" The discussion was led by Dr. William J. Brickley, 'associate medical examiner. Others who talk- ed were Dr. Bernard F. Devir~e, su- superintendent of the Haymark~t Re- lief Hospital~ Dr. (:3. Edouard Sandez, official alienistof Suffolk County Courts; Dr. Timothy Leary, Suffolk County medical examiner, and Capt. James A. McDevitt of Police Station No. 3. Capt. McDevitt diverted his hear- ers by listing all types of drunks en- countered by the police and describ- ing them in detail. They are, he said, the quiet drunk, the fighting drunk, the tipping drunk, the unconscious drunk, the drunk who does not stag- ger, but beats his wife; the youthful drunk, and the drunk who is not drunk. The quiet drunk, so-called, accord- ing to Capt. McDevit~, proceeds on hil way with arms limp, head forward, and talks to himself as he goes along. Sometimes his gait is a little unsteady and there is danger of his staggering into the roadway and becoming se- verely injured. This drunk is locked up, Capt. McDevitt said, because of the peril he is in. Next he listed the fighting drunk, the hardest to handle. He proceeds h~ AIk Ah. A~ AlL Ah~ Ah, AL A~ Ah. A~ Ah, A~ A V "V'- "Wp- V "NV V ,Wr ~p- ,wpr "~lr,Wg- V'~pr Hanna-Timmins Company, Inc. EL DORADO, ARK. Wholesale Distributors :._ :,__.__:_" _ . _ . - _ :- : -- -, Write us for Dealer's Franchise Southwestern Arkansas' Best HOPE, ARK. mlUJlUi~l,lllll~tUi$1~ml~IJIIIlliUllillSmllllilllttl LII I Chevrolet Cos R. W. EVANS, Owner FORDYCE, ARK. Quu.m~...a~--.- ~.--~..-..~--H--..-O... m~.... H....uu..n....~ OOOOOOOOOOOl "VVVVV V VVVV VV V Compliments H. M. JOHNSON DRUG CO. Exchange Bldg. EL DORADO, ARK. When in Fordyce Stop at HOTEL KILGORE Steam Heat and Baths FORDYCE, ARKANSAS body who crosses his path. The po- liceman who captures such a drunk has a difficult time, Capt. McDevitt said. and sometimes gets a bad beat- ling before subduing his prisoner, at times finding it necessary to use his club. Capt. McDevitt told of one prison- er who required three men to book him and five to search him, and who got one leg loose and kicked a police- man. breaking three ribs. The man. having been subdued and put in a cell, began banging his head against the bars, Capt. McDevitt said, and had to be removed to the padded cell at the city prison. Next comes the tipping drunk. This drunk walks along tipping to one side and is unable to straighten up, even with assistance. He goes quietly, said the captain, harming nobody, and say- ing not a word. The reason he is ar- rested, according to Capt. McDevitt, is that if a pedestrian brushed against him he is likely to go down, and so doing fracture his skull or become otherwise injured. The most important, according to Capt. McDevitL is the unconscious drunk, who is picked up helpless and IIIHJlt$illltlB I I IIIIIN~ItltlIttHRIIIlilII,tlIIllqll T. E. BARTON FUNERAL HOME Compliments of q GAUGHAN & SIFFORD ATTORNEYS and COUNSELLORS AT LAW CAMDEN, ARKANSAS T. J. Gaughan J. E. Gaughan J. T. Sifford Elbert Godwin I speechless. In such cases policemen ]nay apply two tests, smelling the breath, or examining the eyes for di- lation. Usually, however, he said, such cases are passed along to a doc- tor, as in such cases, it is difficult to be sure whether the ease is one of drunkenness, or of fracture of the skull, epilepsy, or some disease. If such drunks are locked up instead of being sent to a hospital, Capt. Me- Devit~ declared, a policeman is de- tailed ~o report every 30 minutes on their condition. Steady Drunk Beats His Wife Next Capt. McDevitt mentioned the (Continued on page 23 +++++++++++++++++++++++++ HOTEL M EL DORADO, ARK. Courtesy, Comfort, Service Fu neral M'%e _ Ltlrectors ,N.,., and Modern Throughout 100 ROOMS AMBULANCE SERVICE DAY AND NIGHT Where you get personal attention of the owner. Telephone 124 We cater to tourist and traveling EL DORADO, ARK. men. ............ CARSON DRY GOODS COMPANY ADOLPH FELSENTHAL, Manager Wholesale and Retail l,,,Hm44i,mllllIiinulu,lu]luu,ml CAMDEN, ARKANSAS PUBLIC UTILITIES OF ARKANSAS Distributors of Natural Gas i EL DORADO, ARKANSAS Compliments PAT McNALLEY Attorney E1 Dorado, Arkansas S. R. ZAGST & COMPANY DERRICK and RIG BUILDERS /! ,( i~i!i 746 Robinson Place SHREVEPORT, LA. Phone 2200 229 Hiilshoro Street EL DORADO, ARK. Phone 651 HALL DRUG COMPANY O "Promptness" Our Motto " Telephone 71 EL DORADO, 804 SERVICE STATION i S . i/" ' " Garrett Hotel Building " , ,O Willard Batteries, Goodrich Tires, t Accessories Compliments THE EAST FUNERAL HOME Compliments of Funeral Directors and Licensed Embalmers El Dorado, Arkansas Compliments of ! Telephones 468---469 and Olive Streets Established 1.899 - Texarkana, Ark.-Tex. Phone 27 EL DORADO, ARK.