The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-04-22

NFlftfE1Af IuAFt uK AHpthIA. m tAt tdec
II Nnsahe TRtsworth versus State
o. Oklahoma. appealed from Musko
ace county. Tittsworth. a retail apolhe
cary. wal convicted Of having IN hls
place 81 business intoxicating liquors
NOT purchased from che State agency
hls punishment being assessed at
imprisonment for thirty days and a
fine OF $3.50. On appeal the Grimm
al Court of Appeals reversed this
Judgment 9f conviction. with direc-
flons 20 the county court Of Musko'
zee county to sustain The motion IN
arrest Of Judgment and dismiss the
case.
Opinion Of the Court BY FurmAn,
proaiolnH Judge
The controlling Queati0n IN this
case Is as 10 whether Il u per Sc
unlawful for an apoihocary OK phar-
macist tu have and keep IN ana about
MS place OF business a. such apothe
cory of pharmacist intoxicating liz
M3fs wifnuut The intention 70 dis
pose 81 them III violation Of the pro
visions 0l the Enforcement Act,
which liquors were not acquired by
lawful purchase nom the State Agen
cy Ga lhe Local Agency, without hay
INK nrst executed q bond, approved
Dy the superintendent Of the State
Agency conditioned n provided In
section 5 OF Article II Of The I'm.
fogremenk Act, which section ~ as
follows;
Sec. 5. Each ~apothecary or phaf-
maolal doing business NJ thls state,
heiOfe acquiring, keeping. Or ualng
H. Or about his said pharmacy 81
apotheoafy any liquors the sale Of
which IA prohibited By this Act shnll
QxtAnie i bond IN the sun Of ne
less Aiaa one thousand tsiN00.00)
dollars. 10 be approved hy the gu.
peflnsen0ent conditioned that hone
81 said liquors shall be used or dis
posed ~ for any purpose other than
~numlp0nnding or preserving medh
oInas ne sale AZ which would not
subject him to The payment Of the
special tax required Of lIoucr dealers
W tia United States, and that be
vim not violate any Of the provisions
al lAEa Act. said bond ahalt be fe.
corded IN the Office o. the supefin'
tchaask. and the original thereof de-
nonIlHa with the secretary 81 state.
VI shall b. Unlawful for any re-
fall zn0sheeary or pharmacist to have
in q about his aaid R~nolhecafy or
nhArmacy more than eight gallons
on Alenn0l ind Ave gallons uI other
liquors At any one time. Of to use
az keep In o. about hts ~apDtheeafy
81 pharmacy nny such liquors tor
ans pnfnose whatsoever except such
l|euoas rs shall have been Furnish
XXI IS me superintendent under The.
provisions uf this act ANY person
uho shall violate the provisions Of
Ahls section shall be guilty q d mis-
dameanor. and Ia addition thereto
ahali 81 liable 20 penalty q not less
chan aiiy fsa0.00l doilufs. 0 more
lahn Ave hundred U9600a01 dollars
FOR each alIenpe. Il shall be the
dues 81 TIE county atiufRey to brink
sllt 0a any bend executed M such
p for the recovery Of any such
penalty.
fnaasIon Laws ibo1.a3
WAalever the personal views Of the
members Of this court may be upon
this question. e must be remember
pA tint II Il cnf sworn duty ID de-.
eide Ehls. a. well eH ali atier nuea,
l|0na. acfpfdIng 10 lhe law as Ii Isl
whether VA Ike the law Of not The
judge Whe would atlempt % defeat
of ~mIaconalrue The lew Of ihe land
simply because ne did not personals
approve II. or who. poutlons PilHle
like would attcnpg 70 keep his ing
efe Hn6n The public pulse and allow
publle eiamuf to cause him to swerTe
one Iala from 4 correct declaration Of
the IaR. Is utterly unworthy OF the
~pohfaenee aud respect q flghtthlnk
lns people. and establishes preeHd
rn1a which viii result ID the subver
sion oI our institutions, and the nit
1antn defeat and destruction on jus.
ilee ITSELF. Tie true Judge malntalns
the Integrity of his character, ana
eniDEnea the law II It II without RI
gard 70 hia personal feelings. OF any
consequence Fhlch may ensue 10 him
aelfs Ia bis conduct please or dis
please whumsoeyef II may.
# g. does not do 0iis he 3 q 90.
whld a parlureF. and Q traitor: q
dlaa ate ~ the position which Ne ocs
cupleH; 4 curse Is The people among
when hq lives; and should receive
thn ephiempa % Ell Intelligent and
hNlkehE people. hispnl6 alho be
remembered that che .aw e he land
a0l only nIeana the law nj bun owr
Alale. bat also Includes THE constitu
fioa of our State, and above an the
ChSsNlnlinn 81 laA United States.
GetllSv Z Of Our eNn c0nslltutiou Isl
as Eail0Wt.
Sec. q Constitution Of United
States Supreme. Section !. Tho State
Uf Oklahoma Ii m lnseparanIe part
81 tie Federal union. and the Conss.
tuition oi he United States Is The
supreme lev ~ the land
fnanH's Constitution 81 0klahcmnl
Article v. Of the Constitution Of
tte United States contains the FOL
MNIaks
1nls constitution. and lhe laws
~ IHe United States which shall be
fnHdA IN pursuance thereof. and MI
tFSHf's1 made. or which shnll be inside