The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-06-16

Washington, June 1o.-Th6 printed
decision in the Charley Webb case
from Oklahoma, in which the supreme
court on Monday held that the fed
eral law against introducing liquor
into eastern Oklahoma until 1928 is
still in force, was received by the
clerk of the supreme court yesterday.
The decision turns on the question
1895 the enabling act repeals, and on
1875 the enabling act repeals, and on
this point Justice Pitney says:
mo doubt the enabling act, follow
ed bv the adoption of the constitution
/ therein prescribed, and the admission
of the new state had the effect of re-
mittiny to the state government the
/ enforcement of the prohibition re-
| specting the manufacture, sale, bar
! ter, ETC. of intoxicating liquors with
| in the state and respecting commerce
| in such liquors conducted wholly
/ within the state, and to the extent
, that the scheme OF prohibition es'
! tablished by the enabling ac; covered
the same field that had been covered
by the act OF 1895. the latter act must
be considered as impliedly repealed
Buy the act of 1895 included offenses
that are not covered by the prohibi-
ton scheme of the enabling act; Il
prohibited the carrying OF lntoXlcat-
ing liquors from other states into ter
ritorv that was situated in the state
of Oklahoma.
OHense Different in Nature.
And the question for present solu-
ton is whether the act OF 1899, nav
inc been partially repealed, as Just
indicated, remains in force as prohi-
bition against such interstate trafilc.
In deciding it we shall do well to bear
in mind that the offense OF importing
or introducing or carrying III such
liuuors into the protected district is
different in its nature and readily dis
tinguishable from the oifenses OF
manufacturing, selling, etc. within
the district; that from the earliest
times they had been treated in fed
eral legislation as different oifenses,
that congress for many years ha>
consistently pursued the policy OF loi-
bidding the sale of liquor to Indians
and excluding it from country occu-
pied by them; that the DrLhlhltloh
OF importations has been deemed
necessary to eifectuate the purpose
of preventing the use Of 1t in protect
ed districts that the act OF 1898 was
passed for the evident purpose OF en-
forcing the fold provisions in In
dian Territory, and, by agreement
with the Indian tribes inhaDltlhg the
Territory, as will appear below, the
United States was, TO some extent "a
least, pledged to maintain the PROM
bition. Besides these CONSIDERATIONS,
il is to be noted that the enaDllIl'
act. while containing most stringent
clauses for preventing (at least lor
twenty .one years. the manufacture
of and traffic in liquors within In
dian Territory and their transporta-
I on from other parts of the new state
into the territory imposes no duty
upon the new state with respect TO
preventing liquors from being brought
into the territory from other states.
Congress Had Clear View.
"In view of these considerations
and others to be mentioned, 1t seems
to us that congress, so far from IN
tending the enabling act to repeal so
much of the act of 1895, prohibits the
carving of intoxicating liquors into
Indian Territory from points without
the state, framed the enabling act
with clear view OF the distinction
between the powers to be exercised
nv the new state over matters within
her borders.
And the powers appropriate 10 De
-. l,g.I
exercised bv the United States OF the
traffic originating beyond the hcrderS
of the new state and extending with
in the Indian Territory
How the state dispensatory escapes !
the operation of the law is brought |
out in the decision:
And here il is urged that as TO the |
offense of carrying intoxicating nq- !
uors into the territory is must be
that the introduction thereof for sup
plying the needs of the state agencies
was permitted by the enabling act |
and that the provisions of the act OF
1895 must be taken TO be repeated tc
that extent, leaving the act in force
against the introduction of liquor for
other purposes.
How Agencies Could Procure Liquor.
NO doubt in order to give effect to
me consectional provision that per-
mits the legislature to provide by law
for agencies under the supervision OF
the state for the sale of liquors for
the limited purposes specified 1t is
necessary that the state agencies
shall procure the liquors from some
source.
The authorization is in the form
of a provision, whether by fair con-
struction it qualities merely the force
of the clause to which it is subjoined
that is, qualified merely the prohibi-
ton against the manufacture. sale.
etc. of Intoxicating liquors within the
Indian Territory and the Indian res