The Mena weekly star., 1909-09-09
REAL PROHIBITION
 IN SCOTT COUNTY
Chancellor Bourland Enjoins Delivery of Liquor by Railroads Without Prior Notice to Officers
 Family Bottle Protected.

the bootlegger from receiving his liquor without the knowledge Of the officers is the latest step toward enforcing prohibition in Scott county.
 During the last season of Chan cery court at Waldrou, Mayor Sullivan, of that place, and a number of citizens applied to Chancellor Bourlaud for an iu- Junction to prohibit the Kansas City Southern railway and Wells Fargo Company express from bringing liquor into that county, the people having made Il dry territory by voting against li- ceuse. The petition was argued in chambers here by Prosecuting Attorney Mcdonald and Assistan Prosecuting Rector. for the peti- sioners and J. B. McDonough on behalf of the express company, the railroad company stating 1t carried no liquor shipments.
 The question presented 10 Chancellor Bourland WIS very difficult one, as the Arkansas Western, the brauch of the Klr- sas City Southern that enters Waldron, is an interstate line and all liquor is necessarily interstate commerce. Y he state courts would have right 10 enioin in- terstate shipments, but they have no control over interstate ship meuts until they reach their de- tinatiou.
 It therefore became Chancellor Bourland's $ duty to render a de- cision that would guarantee peo- pie against bootlegging and a, the same time not be void on ac- count of interfering with inter state commerce.
 Chancellor Bourland has just returned his decision and alter citing humber of authorities, among them the famous Corbett- Fitzslmmons injunction Chancel. Tor Bourland holds thhaatt thh t the ttiiae plain tiffs have established a case call ing for equitable relief and calls attention to the fact that the law makes the railways and their agents accepting and delivering liquor intended for illegal sale equally guilty with tho boot legger. The decision then con- cludes:
 "Defendants maintain that thev are interstate carriers, and there fore are protected from this iuus- diction by authority of the Fed oral constitution and the laws of congress thereof. Obviously, this is more serious question. in view of Federal decisions. Fun dameutally and in principle, un- der its police power a state pos sessed of all the police power ot sovereignty, may debar anything from It's borders which is or may be hurtful to the lives. health or we'll being of her citizens; but, practically, under Federal deci- sious in modern times, the regula. tion of interstate commmerce has denuded the states until but yes. tige Of police power remains. Aud while there may not be entire harmony amongst the Federal de- cisions themselves, 1t is settled by them that such consignments as are under consideration here, constitute interstatee com merce, and cannot be interfered with by state courts. It has been held. however, then when the consignment reaches it's ter minal depot and awaits demand of the corsiguee, it may be law fully seized.
 .'Now, iu view of the proyis- ions of the law of this state, nak- ing it the duty of chancellors or circuit judges, mayors and just ices to cause the seizure of liquors shipped into prohibition districts for illegal sale, it would seem that some practical method should be adopted whereby these fficers should be advised of such shipments; otherwise the greatest vigilenee upon their part must prove aboftive, for, the nomadic 5oot-legger, ever watchful meei the ill-fated train, secures his liquor and steals away, scattering broadcast an insiduous injury to