Omaha daily bee., 1907-03-12
DELAMETER MUST PAY FINE
Case Involving South Dakota Liquor
Law Decided by supreme
Court.
F'rom a star Correspondent. }

VI EOHl DldI CDEIt6BuuNtnAsJ
WASHINGTON, March 11.-CSpecial Tel
egram.)-The supreme court today affirmed
with costs the case OF jay Delameter
against the state Of South Dakota. Della
meter was a travelling salesman for Louis
l. Metzger & Co. Of st. Paul, dealers in
Intoxicating liquors, and entered Potter
county, South Dakota, where he proceeded
to sell to citizens of said county liquors in
quantities less than Ave gallons without
having license for selling such Quantities
under the revised penal code OF that state
Delameter was arrested for violating the
code and waived examination demurring to
the information on the ground that the
facts stated did not constitute a public Of
Tense. The demurrer after argument was
overruled, whereupon triaI was had and he
was found guilty, although he attempted to
show that no sale was made within the
state Of South Dakota and for the further
reason that the statute under which the
prosecution was brought was unconsttu-
tional and void because It conhicted with
section eight Of article one of the constitu-
ton Of the United States, the transaction
in question being an interstate transaction,
The case was argued in supreme court OF
South Dakota, Affirming the Judgment Of
court below, 'Nxhereupon an appeal was
taken to the supreme Court of the United
States. which today AFFIRMED the verdict Of
the court below, putting the costs on Della
meter 'f' ~" 8. ~ '' 'i''
Final arguments in four cases oficially
| known respectively as fChaffes Il Yates
| asstinstA the Jones Nationhl bank, Bank Of
| sthplehurst,A Utica bank and Thomas BAT
hey, on appeal 4rom the s,rpfeoAe g. 4so(irt OF
Nebraska, were had IN the osupreFne court
today. @cs +" So 'e}s ., if't 3
Senator Burkett today said his youngest
daughter Helen is confined to the house
with an attack Of humps, This may some
what disarrange the plans of Senator Bur-
kett and family In their starting for Lin
/ coin. Senator Burketty however, said that
] his daughter had not a very severe case
and he. thought the family would be able
to start for Lincoln during the first week
| Of April "at
/ Eek Congressman Charles Burke Of Pierre
has cleared up his business in Washington
and left tonight for Pierre.
| q Captain Charles b. Hepburn signal corps,
is relieved from treatment at Washington
barracks general hospital and will proceed
to Fort Omaha for duty.
Complete rural free delivery service has
been ordered established May / In Deuel.
county, South Dakota, making the number
OF routes in the county twelve. Complete
service has also been ordered established
on the same date in Grant. county. South
Dakota. making the total or thirteen routes
| in the county.
Thomas H. Nix has been appointed reg
ular and Ed Kniss substitute rural carriers
for route / at Murray Neb
Iowa postmasters appointed: Percy. Mar
ion county, Richard NJ. Catlin. vice John
L. Cowman. resignedi Popejoy. Franklin
county. John f. Carr, vice Robert L. Men
dell, removed; Spillville Wihneshiek county.
Adolph A. NOvak. vice j. @. Mashek, re-
signed.
The comptroller Of the currency has APP
proved the conversion of the Adair Saw
ings bank Of Adair, Ia, into the First Ma
tironal bank Of Adair with capital OF
| 32sOOO.