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


brt socks 10 mahn q special exception
IS against drtigeists or pnaFmaciels
The exact language used In lis brief
upon this point Is as iollewB. But
with the retail Rpolhecary or phar'
macist II Is different and fhe, under
the provisions OF said Section 3. Ar
llcle II Of the Act Is guilty Of q crime
{ he does nothing more than keep
Intoxicating liquors In or about his
H1ace Of business, except such as.
ate permitted 70 be kept by the pro;
visions Of said Section s. AS We
understand the law, under the Con-
etitnti0n and decisions Of the Su-
prcme Court Of the United States,
druggists or pharmacists have the.
SINE right that all other citizens have
to ship. MS Interstate commerce.
such liquors from another state 40
their home, or place Of business for
their own use. ANY state constitution
or law which would deny or atridge
this right or privilege would be and
y void.
u " The purpose for which intoxt
eating liquors are 10 be used which
makes their shipment into The state
lawful. as interstate commerce.. II
they can be lawfully shipped for the
personal use OF the consIgnce as IN.
ferstate commerce. 20 the point Of
destination. by what course OF rcas-
onlng al Il be- made to appear that
hey cannot be lawfully received and
Kept at such place SO long as they.
are used alone for The purpose for.
which they worp SO lawfully shipped
and %recelyedg To deny the right to
so use Is TO defeat the right 70 81 re-
eelve; to deny The right 10 SC receive
Is to defeat the right 10 40 ship. It
- illogical 10 say that the right 10
shin 40 the depot exists. but that such
shipmens cannot be carried to the
home. or place OF business Of the con
signee, ana there KEPT for hts per
sonal use. Il might Just as wen be
said that she farmer has the right
10 ship his cotton over the railroad
but cannot carry n 70 the depot for
shipment. There Is just MS much
reason and Justice Ia the latter state.
ment as In the Former u 4 person
cannot receive. keep. and use lutox
icatlng liquors at his home " place
Of business. which have been lawful
" shipped TO him FOR his own use,
from another state, as interstate com.
merce. Il h folly to say that The state
recognises the right Of such inter.
stale @hipmonts. The adoption Of
such g rule OF construction would be
% announce that a state can defy
and defeat the constitution OF the
United States. II would be 10 brand
as o lie that clause IL our state cun.
stitution which declares that the con
stitution Of the United States Is the
supreme law OF the land. But. we
do not understand that the Enforce.
ment Act c~ontemplates or Is fairly
susceptible Of any such construction.
Il must be construed as an entirety
and In harmony with all Of lts provl.
sionA
Section IA. OF Article fIL. (session
laws 1908, p. 60s1 Is in this lang
uage:
Sec. IA. All places where liquors
Of any kind are manufactured. sold
hartered. given away or otherwise
furnished lE violation OF any Of the
provisions Of this Act. are hereby
declared to be public unlsanoes and
shall he abated IN the manner pro.
Ylded BY law at the suit Of any clti.
zen Of the state"
This l. a general provision which
Is applicable 70 an places aud oper.
ates generally on ali classes and oc.
equations In the state. But, The
keeping Of such liquors for ONES own
personal use Is not an 0fenae IN.
der the Enforcement Act. neither
could t, under the Constitution OF
The United States Be an ofense.
Section IS Of Article m. cessation
laws 1909, p. 609l is as follows.
Sec. ls. It shall be unlawful fer
any person 10 whom any liquors the
sale Of which Is prohibited By this
Act, shall be consigned whether con.
signed to him in his own name or in
q fictitious name. to give any other
person At order fer any such llu.
tiors to any railroad company. expfesB
company, or other common CARRIE
or to any officer. aeent or employee
4 any railroad company express
company on common e%arrler. 9Th the
Intent # the purpose to en-. Sic such
other person to get or receive ans
such liquors for himself or Tor ans
other person CT persons other ihan
The cpnalgnoe. Any person violating
the provisions Of this section shall be
guilty Of q misdemeanor."
This recognizes the right Of. inter.
state shipments but makes It i'm of.
feiise for the person Go whom the ia.
uors are consigned 10 give any other
person an order for such liquors.
with the intent Or for the purpose
Of enabling such other perscn 20 get
possession Of such liquors for bis
USE There il no clause hi the hn
forcement Act which attempts t.
make the Interstate shipment OF In
t0xlcatins liquors Tor the personal use
OF the eonalgnee. unlawful. II there
was, It would clearly be Void rs In
conflict with the constitution az tho
United States, Section i0a Of An,
ucle III tSession Laws 1o03-s. =. 6i0.
81 the Enforcement Act Is as follows:
"Sec. l9a. any officer. agent ar
employe Of the railroad company ax
press company OF other common CIR
rier, who shall knowingly carry Of