The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-28
Judge Amidon Says
Banks Cannot Collect
Liquor Shipment Draft
Decision W RevOuonze Liquor Business Into the State and
Is IN Direct Conflict With the Opinion Of Attorney
General WicherSham

The banks Of the state cannot collect
sight drafts on liquor shipments. This
II the decision Of Judge Amidon Of the
federal court. which was handed down
late last evening.
This decision Is practically the same
as was made last June when the pres
ident of the bank pleaded guilty 10
the charges against the bank The
Forum at that time carried the news
OF the case, and the decision handed
down gives In full the technicalities
OF the case.
The decision of the Fargo jurist il
in direct opposition to the opinion of
Attorney General wiekersha1n or the
United States. The attorney general
recently gave out an opinion in which
he stated that he construed the laws
to give the banks in prohibition states
the right to collect drafts on liquor
shipments.
The decision Of Judge Amidon il ex-
pected to cause legal comment and
criticism all over the United States In
view Of the fact that 1t is adverse to
the opinion Of the attorney general of
the country. and of its Importance to
the financial institutions. 1t Is credited
with being the biggest decision from
the point Of importance, that Judge
Amidon has ever handed down.
u. $. District Attorney Engerud Of
Fargo some time ago advised the North
Dakota bankers, as attorney for the
North Dakota state Bankers associa-
ton, to let the LIQUOR business alone.
His opinion had also been given in OPP
position to that handed from Washing
ton. Judge Amidon has also sustained
the opinion Of the district attorney In
the matter.
The case is that of the United States
Of America VS.. the First National bank
of Anamoose. N. ID. The president of
the bank appeared before the court on
q grand Jury indictment, charging the
corporation with acting as an agent
for the buyer or seller, or completing
the sale, Of intoxicants In this, a pro-
hibition state. The defendant entered
a demurrer which was oyer-ruled with
the understanding that the same ques-
ton would be renewed by motion in
arrest OF Judgment. The defendant then
entered plea of guilty and the case
was heard again on q motion In arrest
OF Judgment. In the decision the mo-
ton in arrest of judgment Is denied.
The Decision.
The following extracts have been
taken from the decision OF Judge Ami
don:
The indictment charges the ofgense
to have been committed In the follow
ing manner: One, Dan Meyers, re-
siding at Anamoose sent an order to
the Hamm Brewing Co., doing busi-
ness ut st. Paul. MINI. for case of
beer. The brewing company in filling
the order, delivered the beer to the
Minneapolis, st. Paul a. SauEt ST. Marie
Railroad Co. and received from II a
bill of lading, with an agreement on
the part OF the company that it would
not deliver the beer to Meyers until
the presented the bin OF latiins to It's
agent at Anamoose. Thereupon the
brewing company attached q sight
draft for the purchase price OF the
beer TO the bill of lading and sent
the same TO the First National bank
Of Anamoose. which undertook and
agreed with the brewing company to
collect the draft from Meyers and~de-
liver to him the bill OF lading SO that
he could present the same to the rail-
way and receive the beer and there
by complete the sale and delivery OF
the same, and that the bank carried
out this agreement with full knowl-
edge or all the facts above stated.
In all cases of the sale OF spirituous.
vinous. malt and Intoxicating liquors
Of all kinds i'm interstate commerce
whore the sale ii sold collect on de-
livery the place OF delivery shall be
deemed and held the place OF sale.
1t Is plain that II a liquor dealer
should sell intoxicating liquor shipped
in interstate commerce, or credit that
congress could not make the act Of col