The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-09-20
LIQUOR FAMINE IS
FEARED At FAIR
Injunction Against Delivery Of Booze
10 Holders or Government ~
censes May Cause Shortage.

Oklahoma City, Okla, Sept. 20.-A
liquor famine in Oklahoma City dur
ing the state fair may result from the
law suit brought by Fred S. Caldwell
against the express companies and
transportation lines enjoining them
from delivering shipments of intoxi-
cants to persons holding federal liq-
nor licenses. Pending the decision of
the case a temporary injunction has
been issued by Judge Munden restrain
ing the defendant companies from de-
livering liquor to holders of federal
licenses, and all the defendant COM
panies have agreed to obey the injunc-
ton until Judge Munden, after a hear
ing of the case, renders his decision.
If this decision is not rendered until
after the state fair the supply of wet
goods will likely run so low that
trip to Texas or Arkansas will be the
only means to procure it.
Further argument in the case, which
is styled State of Oklahoma ex rel
Fred s. Caldwell VS.. Santa Fe Railway
company ct al, and in which the three
express companies and all the rail-
roads doing business in the state are
enjoined will be heard by Judge "A. N.
Munden in the. superior court either
Monday or Tuesday. Judge Munden
stated that the final argument in the
case would probably be heard at a
night session of his court owning to
the crowded condition of the docket.
The case came up for hearing before
Judge Munden Saturday afternoon,
and after lengthy argument by coun-
sci for both sides the hearing was ad-
journed until the first part of this
week. At the hearing Saturday A. T,
Bledsoe at Guthrie represented the
American Express company, the Wells
Fargo company and the United States
Express company, and r. A. Klien-
schmidt of this city and r. j. Roberts
of Ei Reno appeared for the railroad
companies. Fred S. Caldwell looked
after the states side of the law suit
It is the contention of the defend
ants that they are required as com
mon carriers to carry shipments of
liquor just the same as shipments of
any other merchandise. The attor-
neys for the defendants cite cases in
Arkansas, Missouri and Kentucky
where the federal court has issued
mandamus to compel them to receive
and carry shipments of liquor. upon
the ground that state laws prohibiting
shipments from a point outside of the
state to a destination inside the state
are an infringement of the powers of
the United States government whose
sole province it is to control inter-
state commerce.
Judge A. M. j. Cochran of the Unit
ed States circuit court for the sixth
judicial circuit and eastern district of
Kentucky issued a mand
ington, KY, July 8, 1909, compelling
the American Express company to re-
ceive and deliver shipments of liquor
for points within Oklahoma, and the
American Express claims it is merely
obeying the order Of this court.
Mr.. Caldwell bases the states case
upon a statute passed at the last ses-
sion of congress regulating interstate
shipments of liquor The attorneys
for the defendant claim that this stat
ute merely prohibits c. o. D. ship
meEts. but does not affect shipments
of the nature involved in the present
suit
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