Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1911-09-28
p.,rer Prosecutor Causes Arrest
Of Transfer Man.
No DELIVERY IN DRY SPOTS
Conflict Of Opinion and Case Go
to Highest Court.

Our old friend Atty. McDufiie,
vho is the prosecutor up in Bonner
county, has caused to be arrested
Charles Ragland, drayman Of Sand
Point, on the charge Of violating the
local option law. 1t seems the de-
fsndant was hauling some beer shipped
from Spokane to Sand Point mer-
chant, to the home of the latter, when
he was arrested charged with the
violation. The case will be watched
with interest the state over. I'm
doubtedly environment has something
to do with mans life as it will be
recalled that the present prosecutor
Of Bonner county was not SO dry dur
ing his residence in Grangeville and
at that time might have been found
on the other side of the argument.
In speaking Of the case the Sand
Point paper has the following to say:
Charles Ragland, proprietor Of the
Pacific Transfer company, was placed
under arrest Monday afternoon on the
charge of having violated the local
option law of Idaho in having ''ac-
cepted for delivery intoxicating liquors
to be transported to the residence Of
Edwin Doust."
Some time ago County Attorney
McDuffie gave an Interpretation Of the
state law governing the sale of intoxi-
cants in which he claimed that it was
unlawful for draymen to accept from
transportation companies consign-
ments Of liquors to be delivered at
the home Of the consignee. Local
draymen were notified that they could
not accept liquor at the depots. Var
ious business men Of the city decided
to create test case and accordingly
Edwin Doust ordered a barrel of beer
from Spokane and Charles Raglard
accepted the consignment for delivery
at the N. P. depot. While on the
way to the Doust home Ragland was
met by the sheriff and arrested and
the beer was confscated. Ragland
waived a preliminary hearing and
was held to trial in the district court
under 500 bonds.
Parties interested in the case claim
that they will carry it to the supreme
court regardless Of the decision of
lower courts. There has never been
case Of this kind tried in Idaho
courts and the decisions Of supreme
courts of other states conflict. In
Oklahoma it has been held that until
the liquor has reached the home or
business place of the consignee it had
not reached its destination. In Iowa
1t has been held that the moment the
goods reached the depot Of the town
70 which it was to be transported it
mad arrived at its destination. Those
o. the legal fraternity Of the city who
nave been questioned in the matter
seem to uphold the opinion Of the
oklahoma supreme court.
The whole question of the liability
o. the drayman in the transporting Of
liquors from the depot to the resi-.
eehce OF the consiynee rests upon the
Interpretation Of the interstate com
nerce law. ....
lhe following clause of senate bill
NO: ~, relating to the sale of intoxi
catlng liquors, pertains particularly
70 the test case which was started
Monday.
Senate bill No. 62, section 25:
ANY person, firm, corporation,
society or club within this state who
snail accept for shipment, transporta,
tlon or delivery, or who shall ship
transport or deliver any intoxicating
liquors to any person, firm, corpora
.ion' society or club in any prohibi
uoh district in this state where the
:ale OF intoxicating liquors is prohib
,'eo py law, except as may authorized
~ this act or the interstate commerce
Jaw of the United States, shall be
suh'y OF misdemeanor and punished
as provided in section 80 of this act
oec' 80. "The punishment fol
nlsdemeanors hereunder and for Of
.eilces under the several provisions o
. si,s act where not otherwise speeifi
sally provided for, shall be fine o
no. mot less than twenty-five dollars ant
not more than five hundred dollars O.
imptisonment in the county Jail no
,sss than ten days nor more than si'
:uohths, or by both such fine ant
Imprisonment"