The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-12-08
PLANS A TEST OF STATE LANs
Attorneys for Pomeroy Argue That
There is no Law to Prevent Drug
gists Selling to Minors Other Drug
gists Interested

After one of the most bitterly con-
tested arguments ever heard in the mu
nfcipal court Judge Clifford Il. Randall
late Friday afternoon handed down a
decision holding w. E. Pomeroy the
well known West side druggist for trial
at the January term Of the municipal
court On q charge of selling liquor to
minors. The arrest of Pomeroy was
made on the complaint Of Prof. Oliver
$. Thompson, principal of the Kenosha
high school and at the preliminary
hearing Of the case the facts alleged
in the complaint were scarcely taken
into consideration. No evidence was
given to show that Pomeroy had not
sold the intoxicants but his attorney
Calvin Stewart made hot fight claim
ing that under the laws of the state
the facts alleged did not state any of
Tense in Wisconsin. He held in his
argument for the dismissal of Pomeroy,
that the laws of Wisconsin did not
make it a misdemeanor for a druggist
to sell liquor to mino and that the
laws were made to govern the licensed
saloon man who sold liquor to be drank
on the premises The District Attorney
declared that the intent of the law
was to punish any man who sold or
gave liquor to minors regardless to the
exact line Of business that he was in.
Judge Randall took the matter under
consideration during the noon hour
and after dinner when the court re-
opened the argument was continued I'M
til late in the afternoon.
The fight against the holding Of Penn
eroy was watched with the deepest in
terest by nearly all the druggists in
the city who claim that big question
is at stake in the hearing of the case.
These men assert that if the court
holds Pomeroy guilty it will eliminate
the sale of many articles to children
unless they are able to show pres
cription from a physician or an order
from their parents. One of the drug
gists in speaking of the matter today
said: None of the druggists desire
to make the small profit there is to be
secured from selling Intoxicating liquor
to children and young boys but there
IS another question. Many of the pat
emf medicines and lot of remedies
that are generally used would fall IN
der the same category and the druggist
in the future will hesitate to take a..
chance on the sale of any of these
things. The remedies are made up in
part of intoxicants and while the
amount In them is very small it is GER
tain that they fall under the law and
any druggist might be arrested and
prosecuted for selling them to a min
orr The people who are back of the
present prosecutions smile blandly at
these suggestions and assert that it Is
certain that ne court would be willing
to issue warrants for the arrest of a
druggist for the sale of such articles
if they were sold in reason.
Attorney Stewart declared on Friday
evening that the same question which
had been raised at the preliminary
hearing of Pomeroy would be raised
at the trial of the case later and that
if Pomeroy was convicted the case
would surely 60 to the circuit court
for decision on this phase of the law.
It is declared that there are no cases
in Wisconsin where the status of a
druggist in regard to selling to minors
has been determined and the LAWYERS
insist that the test of the case will
be a decidedly interesting one to the
trade throughout the state.