Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-11-11

constitution.
while we are on this question
let me call your attention to some
other peculiar things about it.
an the first place, the first clause
of said amendment does not pro-
hibit the manufacturing or intro
ducing of beer, wine, etc, into the
state of Arizona, unless the same
is done under pretense. In other
words, it prohibits the manufacturing
and introducing into Arizona, oil
such liquors under a pretense, but
if they are introduced directly or
manufactured directly and not under
any pretense, any law under this
part of this proposed amendment
does not and cannot prohibit It
That is to say, you can manufacture
beer, and call it beer, or you can
ship in beer and call ii beer, under
this clause of the amendment, and
this would not be unlawful, but you
cannot ship in beer or other liquors
and call it bitters or near-beer or
anything of that sort.
"a pretense, as defined in the law,
is a show or holding forth in form,
of something which does not exist.
That is to say, a pretense is the
holding out or offering to others,
something that is false or feigned;
in fact. false representations are in
separable from the idea of pretense.
Sprague V. Fletcher, 80 Atlantic 693.
State V. Grant. 50 n. W. 120.
Therefore, it is clearly no viola
ton OF this clause OF the amendment
to directly and unequivocally manu-
facture or introduce into Arizona,
any liquor, so long as you do not
mis-name it or try to ship it in and
call it something else.
THE second part of this amend
ment provides that every person
who sells, exchanges, gives, barriers
or disposes of any ardent spirits,
etc, shall be guilty, etc. The query
occurs to me, does this apply to cor
porations, partnerships or associa-
tons, or does it prohibit individuals
only? | do not answer the question,
simply ask it.
The next clause provides that
every person who manufactures or
introduces into or attempts to in
troducc into the state of Arizona
any such liquors, etc.
There is nothing in the law
which prohibits any person from re-
ceiving such liquors in Arizona, and
ask further question. What is
to prohibit any person in another
state from shipping it to Arizona
1t would not be any crime for whom
the same is shipped to accept the
same, and how could the courts OF
Arizona prohibit some person i'll
California, a wet state, from shipping
to some one in Arizona? | do not
answer this question, | simply ask
it.
Contrary to the common under
standing on the streets, there is no
provision or penalty or prohibition,
uthorizing any law to be enacted
prohibiting any person from having
any amount of liquor in their home
or in their possession. They can
keep it and use it themselves, or
keep it in their possession, just so
long as they do not attempt to sell
exchange, give, barter or dispose OF
any OF it to any other person.
Therefore, what would prevent
liquor from being shipped into Ari-
IONA to individuals by people out
side of the state, and if they used il
themselves, how could the courts OF
Arizona get the man over in Califor-
MIA, and punish him?
Another thing. and that is, thai
the bona fde club will certainly
flourish in Arizona. If such club;
can get the liquor shipped to them il
is no offense for them to receive il
and no offense for the members o.
the club to drink it. This was clear
ly decided in Arizona in the case o
Territory of Arizona V. Yavapa
Club, by Judge Kent, and in the
language of Mr.. Black in his worl
on Intoxicating Liquors, Sec. 142
you will find the reason.
"If the object OF the club is mere
w to provide the members with ;
convenient method of obtaining /;
drink whenever they desire it, or i
the form of membership is no NOR
than a pretense so that any person
without discrimination, can procur,
liquor by signing his name in a bool
or buying ticket or chip, thu
enabling the proprietor to conduc
an illicit traffic. then such is pro
hibited by the law. But, on TIL
} other hand. if the club is organize,
and conducted in good faith with
limited and selected membership
really owning its property in com
mon and form. for social, literary
, athletic or other purposes to whic
the furnishing OF liquor to its mem
bers would be merely incidental, i
| the same way and to the same ex
} tent, that the supplying of dinners
card tables. pool. bowling, or dali
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