The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-11-18
Declares Judge Maxwell in Re-
fusing to Grand An
Injunction
TO OAKLAND LIQUOR MEN
To Prohibit Prosecutions for.
Distributing Price Lists, Cir.
culars in This State.

Judge Raymond Maxwell OF the,
circuit court, sitting In vacation, has
refused an Injunction asked for by
Robert A. and Edgar W. Davis, of
Oakland. Nd. TO prohibit A. ]. sFindA
ley, prosecuting attorney Of Harti-
son county, and others from prosecut-
ing them under clauses of the pro-
hibition law Of the state, making IL
unlawful to distribute price lists,
circulars and order blanks for liu-s
uors. In his decision Judge Maxwell
said:
The bill alleges. among other.
things:
That the plaintifr, Robert A. Davis,
Is q regularly licensed Wholesale and
retail liquor dealer In the city OF
Oakland, state OF Maryland, there en-
gagged in conducting liquor business
under the firm name OF Davis Big
Mail Order Whiskey House,, and that
the plaintiff, Edgar W. Davis. Is man
ager OF said business; that at said
place Of busines many orders for
liquors are received from patrons In
Harrison and Monongalia counties
and elsewhere in West Virginia; that
from said place Of business many
price lists and circulars containing
information with reference to liquors;
dealt in by plaintiffs have been
mailed to various persons in the said
two counties In West Virginia and
elsewhere in said state: that the de-
fendant, A. Judson Findley, acting in
his Official capacity as prosecuting
attorney Of Harrison county has
caused the said Edgar W. Davis to he
arrested under warrants Of a maSie-
trate and held under bond to await
action of the grand jury upon Z
charge OF distributing price listssI
circulars an1A order blanks for liz
uors in the, county OF Harrison: that
the defendant, Charles A. Goodwin, az
prosecuting attorney -os- 1loneAgalia
county has caused six separate I'M
dictments to be returned in said last
named county against said Edgar ".
Davis alleging violations similar to
the one charged In the Harrison
county warrants; that It is the pur-
pose Of said Findley and Goodwin,
and Of Fred o. Blue, state commits
sioner of prohibition. to cause many
such indictments to be made against
the plaintiffs In various counties Of
West Virginia; that the following
portion Of section OF the state pro-
ihibition statute, known as the Yost
law. is unconstitutional, null and
void: r
"and In case of sale In which q
shipment or delivery of such liquors
is made by common, or other car
rier, the sale thereof shall be deemed
to be made In the county wherein the
delivery thereof is made by such car
rier to the consignee. his agent or
employer"
and that sections and OF such
statute. wherein they prohibit the
soliciting Of orders for liquors and
the circulating OF liquor advertise
ments and order blanks, are uniii-
forceable in instances where a per-
son or firm outside the state causes
such solicitations to be made and
such advertisements and order blanks
to be circulated within the state by
means of the United States mail, or
by means of express companies or
other common carriers: that the de-
fense of said pending prosecutions
and those threatened will be burden
some to the plaintiffs. involving
much annoyance and expense; that
the same legal questions would be
involved in each prosecution, and
that such questions can he more fair
iy determined by court OF equity,
The plaintiffs pray that the above
mentioned provisions of said act be
held and declared to be unconstitut
tional, null and void. and that the de-
PENDANTS and all other persons be re-
strained and enjoined from prosecut-
ing the plaintiffs or either OF them