The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-07-13
der Section 8. Article 2.

der Section 8, Article 2.
There is nothing in the Ellsworth
case that will prevent his arrest for
unlawfully selling the liquor which he
received at his drug store as an inter
state shipment
Chief Justice, Henry NJ Furman,
wrote the opinion in this case, and
the following is some of the language,
to-wit
The information in this case was
drawn under Section 8. Article 2 Of
the Enforcing Act This section pro
vides the conditions under which
pharmacists and druggists may obtain
and use intoxicating liquors, not for
their personal use. but to be used by
them in compounding medicines for
sale.
The decisions OF the Supreme Court
Of the United States do not recognize
shipments for this purpose, as being
protected as Interstate commerce,
therefore this is a proper subject for
state legislation. without restriction.
All that is contained in this setciOn
must be construed as relating to this
purpose But, again, the latter part OF
Section s provides that any druggist
or pharmacist who keeps liquor about
his premises, except as provided in the
first part Of the same shall be guilty
Of misdemeanor, and in addition
thereto shall be liable to a penalty of
not less than $50 nor more than $500
for each offense. and then it is made
the duty OF the County Attorney to
bring suit on any bond which may
have been executed by such persons
| for the recovery of any such penalty.
Section must be construed as a
whole each portion must be construed
in the light Of the other portions and
subject to the purpose to be accomp-
lshed by the entire section Those
only could be- sued upon bonds who
had given bonds Only those who de-
sire to use intoxicating liquors to
compound medicine for sale give
| bonds.
Therefore. only this class is subject
to the pains and penalties Of this sec
ton The pains and penalties pre-
sesibed in Section are inseparable;
they stand or fall together. This alone
| is enough to make it clear that the
| legislature intended to confine Sec
tion and its penalties to those drug
gists who desire to keep and use
| liquors in their places of business, not
for their personal use. but to be used
/ Ia "A q Z
for sale This construction of the en-
forcement act harmonizes with all Of
| its other provisions, and frees 1t from
/ the appearance of being unconstitu-
| ltional II is not special legislation,
! because it cOniers upon all druggists
who shall comply with It's provisions
! the right to use intoxicating liquors
in compounding medicines for sale
Having consented to and complied
with these conditions, such persons
are liable to the pains and penalties
therein provided for violation Of
these conditions"
TIE writer has just quoted from the
! decision of the court and wishes to
state that it is one of the best decis-
ions for the enforcement OF prohibition
eyer handed down by a court. 1t
makes plain th@ law governing the
druggists in Oklahoma. If the drug
DIST does not wish to compound medi-
cines which contain intoxicating
liquors. he Is not required to give
nd to the state as provided in Sec
tion :. Article . of the enforcement
act. He then has the right to have an
Interstate shipment OF intoxicating
liquors in his drug store for his own
use only. and violates the law If he
uses any of it to compound medicines.
II the druggist complies with Setcion
s. Article by filing his bond with the
state he then purchases his liquor
from the state for compounding medi-
cines. and violates the provisions Of
this section if he has any other liquor