The Birmingham age-herald., 1908-03-15
NEW PHASE OF
 LIQUOR QUESTION
Firm Indicted for Soliciting Dr.
 derS Through the Walls
CONTENTION IN TIE GAS
The State Contends That Solicitation Through the Mails For Whisky Or ders Is Violation of State
 Law on Prohibition.

-A,Gnta, March 14-Whether the United S-yes inaiis can be made an agent in e.. solicitation of orders for intoxicating lgaors in violation of the state prohlDi- ton law is a question of considerable in- te7est and importance now pen4.ng before the state court of appeals
 The question was argued this week be- fore the appellate court in case from Ba-tow county where Randolph Rose and the R. M. Rose company of Chattanooga, Tenn, were indicted for violation of the state prohibition law for soliciting orders for whisky.
 Mir, Rose had not been il Barrow coun- iy nor did he have there any personal agent The alleged offense consisted in sending to residents of the county, through the United States mails, order blanks, stamped envelopes and advertis- ing matter in which orders for whisky were, by printed words only, "solicited''
 The question for the court to determine is whether the foregoing constitutes "so- licitation by agent sge.i as is forbidden by the state law
 The states case was ably presented by Solicitor General S. P Maddox of the Cherokee circuit, while strong arguments Tor the defense were made before the court by Luther z. Rosser and Gen. Cliff ford l.. Anderson of Atlanta.
 Appeal of Case.
 The argument was made on demurrer to the indictment which was overruled by Judge Fite, whereupon an appeal was taken. There was no dispute as to the facts, and the question is purely one of law, as to whether the United States mails can become an agent in the mean- ing of the law.
 Solicitor General Maddox strongly con- tended that the mails had been used as an agent Counsel for the defense contended that section 42S of the penal code, upon which the indictments were based contemplated only personal solicitation or solicitation by an agent personally present.
 In support ofs his contention, MT. Mad doX cited the United States statutes under which it is possible for the sender of a letter to recall it at any time before it IS placed in the hands of the person to whom It. is addressed. He further cited de- cisions going to show that the telegraph and telephone had been held to be agents in the commission of certain acts of the parties using them. He called attention to number of instances in which persons in one jurisdiction had committed and been tried for crimes in another One case was where a man in one state shot 9<.r,her scr2ss tSe state line and was effect The Psender of a vulgar ' or 'CG- ob- scene letter is subject to trial in the ju- rlsdlctlon in which the letter. is received.
 Case of Burton.
 MT. Maddox submitted the ease of I1ni- ted States Senator Burton, who was tried and convicted in St. Louis, although he had never been there, his alleged of- fense having been consummated through the use of the mails while he himself was in Chicago.
 Attorneys Rosser and Anderson brought out a number of opinions from high courts in support of their contention that there could be no violation of the law Tn question unless the party so charged was present in person and soliciting, or was represented by personal agent
 The litigation does not involve in any way the sending of advertising matter pure and simple through the mails It is not denied by the prosecution that liquor firm has the right to send out all the advertising matter 1t desires, without violation of law, but the contention is that it cannot in such matter solici orders for Its goods In other words it is such it cannot in such matter solicit orders Tor "We are seeking your trade and the like to which the prosecution takes exception, and the question involved is purely one whether liquor firms. can use such ex- pressions as these in their advertising matter sent out by mail or otherwise The courts decision will be awaited with no small interest.