The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-05-18
WRIT OF PROHIBITION ASKED
FROM SUPREME COURT TO PRE-.
VENT ENFORCEMENT
BY JUDGES OF FEDERAL COURTS
Which lnjunetions Prevent officers
from Sc King Liquors illegally Ship.
ped Into the State from Stations or
Cars Of Interstate Carriers.

Gu.hric, Okla, May 17.-One of the
most important matters affecting ;he
enforcement OF prohibition laws in Ok
lahoma which has arisen since the
state was admitted is now pend ng in
the supreme court of the United
States in the case in which Governor
Haskell and State Enforcement; Attor-
ney Fred ;. Caldwell are asking for
writ of prohibition from the supreme
court To- prevent the enforcement Of
iujunctions issued by Judge Ralph
Campbell of the federal court of the
Eastern d strict, and Judge Cotteral of
the Western district federal court OF
Oklahoma. which restrain the enforce
ment officers of the state from seizing
any intoxicating liquors from the sta
tions or cars of interstate carriers
Attorney Caldwell states that decis-
ion is expected from the supreme
court within a few days. As a result
of the .iniunctions issued by the two
United States district judges in Okla.
hOma the work of scZing liquor .u
determine whether or not il is subject
to the police powers Of the state, or
has been shipped in violation of the
Wilson act or pure food drug act. has
been entirely stopped This has been
the principal method adopted by the
state dispensary officers and the
agents of the state enforcement de-
uors which We're shipped to the state
/ dispensary to be either destroyed, sold
20 outside firms or used for medical
purposes in the local dispensarles
where the quality is good Many cars
week were sometimes confiscated
/ in this way before the federal in
/ functions were finally secured.
The injunction suits were brought g.
the main by the interstate carriers
and brewery and liquor concerns on
the ground that the officers were in
/ terferng with interstate commerce.
/ In Caldwells petition to the United
States supreme court he outlires the
method of the state in making its liq-
uor seizures. Upon sworn complaint
that a liquor nuisance is being main
tanned at railway station Or in rail
way cars or elsewhere the court issues
a warrant in the form of the state OF
/ Oklahoma against so many casks OF
beer or barrels of whiskey The war
rant is given 20 a sheriff or his depu-
ty. a constable or deputy or some state
enforcement officer. who Is directed TO
seize the liquors in question. When
the liquor is brought into court the
Judge iudicially determines whether
any Of the laws OF the state have been
violated or whether the police powers
of the state have ceased to attach by
reason Of the fact that the liquor Is
still interstate commerce and has rot
been delivered TO the consigaee:
whether 1t was shipped in violation OF
any act of congress which would di-
vest the shipment of the pro ection of
the interstate commerce laws, If 1t is
found that the police powers of the
state attach the court makes a judi
cial determination to that effect and
confiscates the liquors to the state.
and II the shipment IS found to be
still subject 10 toe interstate com.
mere, laws it is orlered returned to
the carrier from which it was taken.
The injunction OF the federal courts
have stopped all such warrants and,
according to the complanants. have
greatly interferrod with the enforce
ment Of the prohibitory lows, and also
of the pure food laws for the reason
that liquors II shipped in adulterated
or misbranded within the meaning OF
the pure food laws, they are not sub
ject to the protection Of the interstate
commerce laws and may be seized by
the state
Enforcement Attorney Caldwell
claims that the effect OF the iniunc-
tions is to prohibit the state of Okla
homa from invoking the judicial pow
er Of its courts for the purpose OF
judicially determining the status OF
any particular quantity of Intoxicating
liquors brought into the state through
interstate commerce prior To the time
the police power OF the state attaches
thereto, Notwithstanding the fact that