The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-12-26
STATUS Of
LIQUOR LAW
Of STATE
(Continued from Page ID

enactment. and they foresaw the pos
sibility OF sharp conflict between
state and federal rules respecting in
terstate commerce. For several years
there has been gradual Tightening
tof the ropes. in which the interstate
lcommerce law has lost none OF its DO.
Itency, but the line OF demarkatiofl of
the two rules appears more definitely
drawn and in more certain language.
The last step was in the federal Law
requiring the labelling OF intoxicants.
50 that would be notice 10 all con-
lcerned of what the shipment contain
ed, and because an aid TO the state
regulation In that every question OF
contents was predetermined. The
fact there is such a law extant makes
1T more certain that former Indian
Territory will remain dry in view OF
the Civil court of appeals decision in
the Fort Smith case.
Like Food And Drug
There is to be or has been a bin or
fered in the United States senate.
which, II is believed, draws the afore
said line OF demarkation about as
tight as il possibly could be without
seyering the legal strands Realizing
the impossibiiity Of declaring that in
toxlcating liquors shall become sub
iect 10 the police regulations OF
state as soon as they cross the state
line in interstate commerce. the new
hea fpllows the rule laid down In rhe
food and drug act, and allows the
state procedure by which the legal
status OF the liquor may be fixed. IN
other words. as soon as the liquors
faf.. kh.@ fss# .
not prevent the state from compelling
the eonsignee 70 20 into court and
prove that the liquors are not intend
ed for violating the state law. Such
procedure must be based upon leg
innate action. An agent for the
state for instance. may 20 before
magistrate and declare under catn
that he has reason to believe that
given shipment is INTENDED for it,
legal purposes. and then II viii be in
cumhent upon the eonsignee to show
that The conrerse IA true and until
this Is done the court is custodian ot 4
the goods II the s0nsignee ean not
establish his right to the liquUr the
state would then be able TO dispose
ef il as the state Law authorizes
While all that has been said ap-
plies 10 state, yes the same reguls-
ton would be applicable to a county,
having local option. when the ship
ment. OF course. Was an interstate
one.
Liquor in Indian Territory
Other than announcement by rail
road companies iAat they have moth
aed aH agents 10 accept no liquor for !
carriage or delivery into former In
dian Territory or the Usage nation /
t0sage county,. based upon the r..
Gently decided ort Smith case. noth. I
ing has been done toward enforcing 4
the decree Of the court. The federal (
officers are studying the new order !
with view Of determining where I
they stand. and scope Of their author 1
ity The carriers will not take an an- \
peal 10 the supreme court OF the 1
United States. but viii leave that for
the other side 10 do. The general A
view in former Indian Territory Is
siveR hy the Muskogse Times Demo
erst as follows
The oh Fniian Territory liquor
law lthe one continued in force by
The recent decision made it a crime
Tor persons 10 introduce liquor and i
waS pFima faele evidence
y introduction. The state Law did
aot prohibit Introducing Thus. itl
seems. the state aud the federal laws
a0v dovetail nicely 10 the unioius
u the bo9tlesSer. The state proht
'itioa Law. which is declared bS&ex
'erts 70 be the most iron clatsaer
ldopted by q commonwealth. Is 10 eel
by the most drastic
Irohihilioa law the federal sovera- 4
aent has ever conceived L not onfr Il
rings Us back 70 the days q RGd
,edbetter lonce United States mar
hsf ana red ink. but goeS further
til and makes i s felony for any |
company 10 introduce
shipl liquor into the prohiaissS ter
tory Time vas when half the eases
J the criminal dockets Of indian
eFritory we're docketed as 'introdac-
& L meant that some one Rss sc-
lsed OF bringing liquor into Indian
erritory. Il migat have been : hslf
M o. 4 car load TIE penalty was
. same. But in those DAYS. cypress