Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-21

Charles >. Cove Co, John r. Callahan
& Co, Shortell & Timmons, Peter C.
Crowley & Co., Terminal Wine Co, all
of Boston, petition the court to order
The l6 high Sheriffs to appear before
the honorable court and account for
al the liquors that they have already
seized from the plaintiff firms and to
make remuneration for these liquors.
and also permanently to enjoin them
from making any more seizures which
are in violation of the interstate com
mrrcc or the pure food laws as alleged
by the compliments.
The complainants make the usual
argument about the violation OF the
interstate commerce laws which has
been thrcshed out in state courts.
They complain against the seizure of
liquors by State officials under the pure
food law because they allege that
none but United States officials have
the authority to seize, condemn or pros
ecute under the pure food law.
judge Hale this morning caused to
issue subpoenas for the appearance of
the 1G high sheriffs at the United
states Circuit court on the first Mon
day in July, to answer to the petition
Of the complainant.
Tho high sheriffs for whose appear
ancc subpoenas have issued are: -.
r. Hastings, Androscoggin; Fred A.
Thurlough, Aroostook; Melville W.
Trctethen, Cumberland; Dana o. cool
idee. Franklin: Forrest O. .Silsby, Han
cock; Colby Getchell, Kennebec: Abel
bert j. TOlman, Knox; John r. Rafter,
L;ncoin; Hiram r. Hubbard, Oxford;
T. Herbert White. PenObScot; James NJ.
Know les. Piscataquis; John A. Mooers,
Somerset: Amos +. Carlton, Waldo;
Jefferson NJ. Sweet. Washington;
Charles O. Emery, York.
IG the bill the compartments stated
that they brought the bin in their own
behalf and on behalf of all other citi-
ZcnS of the Gnitru States Of America
engaged in the business Of whoi, sailing
and retailing distilled spirits under the
said internal revenue laws of the
United states, and who may be or be
come similarly situated in respect to
the matters hereinafter set forth
against -. X. Hastings and others
The various articles. of the bill are in
substance as follows:
THAT the matter in dispute herein
set out arises under the third clause of
Section s Of the Constitution Of the
United States; the act Of Congress of
Aug <. 1890, commonly called the VIII
son act, the act of Congress OF June
! 30 1906, commonly known as the Food
| ard Drugs act, and under Section 3244
/ OF tho Revised Statutes OF the United
states and as to each of the plaintiffs
exceeds an amount exclusive of in
| terests and costs the sum or value of
$1,000.
Sets forth that although plaintiffs
are engaged in the liquor business they
do not sell liquor in Maine.
| Sets forth that as permitted ana
| authorized by the laws of the United
| States they do sell for delivery outside
Of AMI not within the State of Maine
to purchasers residing within the state
of Maine.
1--Sets forth that the petitioners
shipped distilled spirits to purchasers
residing in the State of Maine by COM
men carrier from the place outside the
| said state where said distilled spirits
were sold and delivered to the common
carrier for transportation in inter
state commerce from another state in
TO the state of Maine.
| Article 5 sets forth. that under the
act of Congress of Aug. s, 1890. COM
m ,nlv known as the Wilson act. dis
titled spirits transported into the state
of Maine from outside the said state
are the subjects of interstate com
mcrce and are protected by Clause of
section Of the Constitution of the
United states. until such distilled spir-
its are delivered into the possession of
the consignee thereof.
Articles and claim that the s"lZ-
ure examination, condemnation OF all
articles alleged to be impure or IN Nlo-
iation of the pure food laws. when
are intended for interstate commerce
lies wholly within the jurisdiction oil
the several DEPARTMENTS and ofilcefS Oh
the United States designated Tor tha'
purpose and that the defendants io'
being officers of the United states are
not authorized in any way to enforce
or invoke this pure food law III spec
ites that the bureau of chemistry OF
the United States department OF agf'-
culture. only. has the right to make
or drec' pure food examinations ahu
that the complaint of violations shal
be made To q United States district at
torncy who shall prosecute them.
Section A-That Notwithstanding pro-
visions of the Federal Statutes ana oi
the Constitution as herein set out
the said defendants or part oil them
have seized and are Selling in various
portons Of the said state of Maine
many shipments of distilled spirits
shipped from the places of business o.
your orators outside of the state OF
Maine tc points within the said state
at places other than the places of con-
signment and prior to delivery to the
consignces and while said distilled spir-