The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-11-20
ANOTHER TEST
LIQUOR CASE
Case Decided BY Judge Campbell In
vadidates over 800 Indictments
NO Federal offense.

Muskogee, Okla, Nov. 20.-It is no
offense against any federal statute to
ship liquor from the western part of
Oklahoma to the eastern part, and any
and all indictments returned for in
Producing liquor into eastern Oklaho-
ma are held for naught, unless in the
Indictment it is specifically stated that
the liquor was introduced from with
out the state. AS none Of the indict-
ments returned are so worded, all the
work of the United States marshals
and enforcement officers in eastern
Oklahoma for two years has amounted
TO nothing, and the thousands of dol
lars spent by the federal government
to suppress the liquor traffic in Okla
homa has been spent in vain. This is
the effect of sweeping decision hand
ed down by Judge r. E. Campbell in
the United States district court yes
terday, when demurrer to an in
dictment returned against Bob Wright
of Muskogee was sustained and the
accused was ordered discharged from
custody
Bob Wright was indicted for intro
ducing liquor into eastern Oklahoma,
or Indian country. This Indictment
was demurred TO, counsel for Wright
among other things claiming that the
government would have to allege and
prove that the liquor alleged to have
been introduced came from without
the state, The Wright case was con-
sidered test case, for in none of the
300 or more indictments was it alleged
that the liquor was introduced from
without the state the United States
district attorney contending that it
was an offense against the federal gov
ernment to introduce liquor into Indian
country no matter from whence it
came.
In the decision rtndered by Judge
Campbell today in which the court sus-
tanned the demurrer to the indictment.
the liquor business in eastern Okla
homa was gone into in an exhaustive
manner and it may now be safely said
that the last word has been said and
all doubts have been dispelled. Judge
Campbell in substance held that by
the Provisions of the enabling act and
other legislation on the part OF the
state of Oklahoma the state assumed
and did secure sole and exclusive
jurisdiction in the enforcement of the
prohibition and regulations statutes as
far as the state is concerned. The en-
abling act repealed the law of 1895 as
far as shipments of liquor in the state
Of Oklahoma was concerned and as
the United States court would now
construe the act of 1895 it should read
from any point without the state OF
oklahoma" Continuing the court
said In order to give the federal
court jurisdiction it is necessary that
the introduction o fthe liquor should
have been from point without the
state. This is an essential element
of the offense so far as the federal
courts are concerned and should be
charged in the indictment"
The court then reviewed the de.
eisions Of the United States supreme
court in the Webb case, also the
opinions of Justices Pitney and
Hughes and the decisions of the cir
euit court in the Friedman and Mosier
cases. referring also to the decision
Of Judge Cotteral of the western dis
trict Of Oklahoma 1t was held in
substance that Oklahoma had assumed
jurisdiction of all liquor after it ar
rived in the state and the govern
ment was out of the game as far as
criminal prosecution was concerned
The decision does not mean smooth
sailing for Mr. Bootlegger however
for as stated by the court in the
Wright CASE, nquoi 10 oeiil NoiNA
property in eastern Oklahoma and UNI
der the provisions of section 2l4O it
still can be seized and destroyed when
ever found. The effect Of the decision
is that there can be no criminal prose
cution by the government for introduc-
ing liquor unless the proof shows that
it was introduced from without the
state.
It is however an offense against the
laws of Oklahoma to transport liquor
inside the state. also to sell it, and
the bootlegger still has hard road
to travel before he reaches the land
of peace and prosperity