Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-12-23

over 10 the federal authorities
II a little child should be seriously
III, and the family physician should
prescribe a slight dilution OF whiskey
for its sufferinga, the frantic father
who goes down town TO purchase a
bottle OF whiskey in some dark alley
may, before he arrives home, be ar
rested and thrown into jail and The
bottle OF whlskey ruthlessly broken
over a convenient curb stone.
II Looks Plausible, But
Persons who have liquor shipped TO
them at Keystone or other points In
old Oklahoma near Tulsa, Will find
many obstacles In the way OF getting
the goods" TO the city. State or coun-
~ officers will be stationed at tho
| points In the other half OF the state
where such shipments are likely to be
received and as soon as n barrel OF
beer or case Of whiskey is taken out
Of the depot It viii be. seized, de-
stroyed and the owner probably ar
rested for conveying.
Or, II they be so successful as TO
get II out of the town where II Is re-
ceived from the agent, the conveyor
may run across United States officers
on the road 10 Tulsa, He viii then
be arrested and jailed on a federal
charge of introducing
Appeal Has Been Taken.
The st. Louis federal court decision
has been appealed to the United States
supreme court, the highest tribunal
IN the land and the court OF last re-
sort. II that court does not reverse
the st. Louis decision, then for seven
teen years Tulsa and all the rest OF
the old Indian Territory will be un-
equivocally and undoubtedly under the
rule Of prohibition, both federal and
state, with hundreds of officers Of all
descriptions and powers on every side
Ia see that they are enforced.
The appeal will not be taken up for
ninety days yet, and during that perl
90 many unheard of thinks are likely
to happen in these parts" Citizens
and others should prepare for the
worst for it surely will come.
Congress May Repeal Clause.
The only hope OF the anti-prohibi-
tionists now seems to be in the remote
possibility that in the event the SUI
preme court upholds the st. Louis
decision, congress will repeal the fed
eral prohibitOry law, which was made
to cover Indian Territory, because of
the governments Indian wards who
reside in this part Of the present state
OF Oklahoma.
hn o.
Louis which has brought about this
unusual state of affairs il complete,
and, according to eminent attorneys,
is safe and substantial. Judges Adams,
Smith and Reed handed down the de-
cision during the September term of
the United States circuit court Of ap-
peals, sitting at st. Louis in Novem-
Der "a, 1911.
1t was in the case of the United
States Express company, plaintiff In
error, against Lewis Friedman and
Hiram Mincer, partners as Friedman
& Co., defendants in error. The case
was appealed from the Western dis
trict of Arkansas.
Friedman 4 Co. were in business as
liquor dealers at Fort Smith. The
United States Express company re-
fused to accept a shipment of liquor
to ]. w. Clifford at Mannford, Okla.
The liquor company tried to man.
damus the express company to accept
the shipment and thus the case finally
reached the federal court.
How 1t Reads.
One section of the decision at st.
Louis reads as follows
THE power of congress to deal with
the Indians is in general political in
its character and not subject for that
reason to be controlled by the judicial
dcpartmet. Much as our policy with
the Indians has varied on other sub
jects, to avoid the danger to Indians
and whites alike from permitting the
use of liquor by the Indians q fixed
and unchanging policy has been pur-
sued. There has never been the slight
est effort 10 surround the traffic with
regulations but its absolute suppress
sion has been the constant aim of con.
gress for more than 100 years. An
act to regulate trade and intercourse
with the Indian tribes and to preserve
peace on the frontiers approved !
March 80, 1902, authorized the presi-
dent to take such measures from time |
to time as to him might appear ex-
pedient to prevent or restrain the |
vending or distribution of spirituous |
liquors among all or any of the In
dian tribes. BY the act of July ..
1872, 1t is declared that no ardent |
IL.
under any pretense, into the Indian |
country The act of June 80, 1894.
imposed forfeiture of $500 upon |
any person who should sell, exchange,
give, barter or dispose of any spir- |
ituous liquors or wine to an Indian in |
the Indian country 1t further pro-
vided that any person in the service |