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

q certain thing includes and carries
with u the right 20 do al things
which are necessary to the full q
ercise and enjoyment Of the power
expressly srantedg There can be
but one logical answer to fnls Ques-
ton. II a peFson car lavfully bring
intoxicating liquors. % aas home
place Of business. 30 Dd8a as nd dew
not attempt o. intend toAuhea sdch
liquors except for his own use be
has the right to sheep them there.
There Is no Logical escape from the
conclusion that II q resldefn OF this
state has the constitutional right TO
ship Into the state, antoxicatlug Ia.
uors for his own use. he has the
same Right TO receive. keep. and use
such liquors Cor the pnfncse Cor
which they we're shipped This ~
the law whether this Court likes Il
or not To deny this proposition II
to assume the position that the state
may de indirectly that which II Is
expressly forbidden By the Consti.
tuition OF the United States from do
ms directly. Herein Hes the pfincl
pie obstacle 10 the complete enforce
ment Of the prohibition Of The sale
Of intoxicating liquors BY the states,
But. the states are powerlcss 70 ram.
edy this evil. Relief can only come
through Congressional action.
Having sworn 10 support the Con.
stitution OF the United States and the
acts OF Congress- In pursuance there
Of. we r compelled 10 do So. a.
matters not how much We would like
70 see the law Otherwise. Il Is our
duty 70 uphold. support. and defend
the Constitution Of the United States.
both IN It's letter and IN IT'S spirit.
Counsel who represented the state n
This case Hon. Fred s. Caldwell. rec.
ognizes the force az these views. and
in his brief for the state says:
IT II not per Sc unlawful under
that statute for a person engaged III
any other business than the drug
business 10 keep or use In or about
his place Of business Intoxicating liql
uors. That IL to say, IN the case OF
o groceryman, hardware merchant.
dry goods merchant. or any other
than the drug business. the Keeping
OF intoxicating liquor IN or about the
place Of business would not cunsti
tute q crime ualesg accompanied
with intent Of the posaess0r 10 use
or dispose OF the same IN violation
Of some one or more OF the pr0vi-
sins OF the Enforcing Act"
But counsel for The prosecution
contends that q special exception
should be and Is made IN the nn,
forcemeht Act as 10 ali druggists or
pharmacists. If this contention Is
correct then Il would seriously IN.
yolve the constitutionallty Of lhe Gn.
forcement Act.
Section i32 Of Bunn's Constitution
OF Oklahoma Is as follows.
Sec 1872. General laws to nave uni
form operation. Section 50. Laws OF
a general nature shall have d uniform
operation throughout DE state. and
where a general law can be made ap-
pllcable, no special law shall be en-.
acted"
The Fourteenth Amendment to the
Constitution OF the United states,
tsec. - n as follows:
"sec, 1. All persons born ar nat.
urallzed In The United tsates. and
subject tn the jurisdiction thereof.
are citizens OF The United States and
Of che state wherein they reside. Nc
state ghall make or enforce any LAW
which shall abrldge The priyilegea or
lmmunltles Of citizens Of the United
states; nor shall any state deprive
any person Of life, liberty Or property
without due process Of law. nor deny
20 any person within It's Jurisdiction
the equal protection of the laws.
But, we DO not deem It necessary
70 discuss and decide this question
In this ease for under our view OF
che Enforcement Act. IL not obn0xl.
oHs 10 either Of these constitutional
provisions, Section 1 of Article IN
OF the Enforcement Act makes III
unlawful FOR any person. Individual.
or corh0ration-io nave The posses.
sion Of any such liquors @ith the
Intention Of violating any OF the pro
Visions Of this Act.' This ia a gen
efal law and applies to an persons
alike It includes an classes ana AZ
cupations. II Is In no sense OF the
word an attempt to single out any
special person or class or occupation
Of persons. Il Is absolutely uniform
Ii IT, operations throughout the state
and IL clearly within the police pow.
er Of the slate. Any person, It mat
ters not what his or her occupation
may be, who mas III his or her pos
session any Intoxicating liquors m
this state except for personal use, can
BIZ lawfully prosecuted snd convict
Cd under thls statute, All stand up
u . perfect equality Neither does
It take from or abridge the privilege
Of any Of the citizens Of the United
States e have Intoxicating liquors IN
bic home or place Of business for his
or her personal use, Dir. Caldwell III
hts brief For the state admits that
Il Is not unlawful for = sfoeerYmnn.
hardware merchant. dry goods NOR
ohant, or o person IA any ether Oc.
eapation 70 keen on use Intoxicating
liquors BAT contends that section 6
Of ARTICLE II Of the enforcement Act
deea take from druggists or appthe.
eHrles The p9lfliege Of having In Of
abont their places Of business any In
texic0tlag liquors. except such as are
specially permitted ~ the provisions
o said section.
Counsel Cor the siase In bis briof. as
herelnhefnre quoted. expressly admits
thu rafanua annaoeI l. al lltAs. "a.