The copper era and Morenci leader., 1914-12-25
VETS" BEGIN FIGHT
 0N FEST LAW
Argument in Support of Plea for lnjunctions Against Enforcement of Prohibition Amendment Begun in California.
30 PER CENT CASE WILL
 BE REPRESENTED LATER
Reese M. Ling Submits Six Questions
 on Prohibition Measure and Bases Attack Upon Being UneonstitutionaI

Reese M. Ling Submits Six Questions
 on Prohibition Measure and Bases
 Attack Upon Being Unconstitutional
 LOS ANGELES, Dec. 21.-Argu- ments on the main issue involved in the injunction suit brought by Ari- zona litigants against the enforce ment of the prohibition law passed at the recent election in Arizona, were heard today before Federal Judges Ross, Sawtelle and Welborn. The tecnical point was raised by Judge Ross of the Circuit Court, that the tribunal before which the pro- ceedings were brought was not en- powered to interfere in the contest of such constitutional amendments. After consideration of the point, it was ruled that the tribunal possessed the necessary jurisdiction.
 Counsel for the several litigants completed their arguments with the exception of the case presented in behalf of the Rev. Thomas Connolly. a Catholic priest of Tucson. This will be resumed tomorrow.
 Arguments in the contest of Ari- zona's 80 per cent law will not be taken up until the prohibition pro- ceedings are disposed of
 On behalf of the Owl Drug and Candy company, Reese M. Ling pre- scented an argument which served to state the case of all druggists in Ari- zona. He submitted the following qdes tons to the court: ------,---
 l.. Is such constitutional amend ment .self-executing?
 IT. Is the amendment eff self-exe- cuting) not in contravention with the Fourteenth Amendment of the Consti- tuition of the United States, because of destroying the value of complain ants property which was in existence at the date of the passage of the amendment, permitting it to sell the same only between Dec. 12. 1914 (the date of Governor Hunts procla- mation) and Jan. 1, 1915?
 IT. Will not the enforcement of the amendment prevent citizens of Arizona and citizens of other states sojourning- in Arizona, from procur- ing the prohibited articles for use as medicines, thus violating the Four teenth Amendment to the Constitu- ton of the United States by depriv- ing and abridging heir privileges as citizens of the United States?
 " Is not such Constitutional pro visions in conflict with the provisions of the Constitution of the United States because of it's prohibition of shipments under any pretense and the introducing or attempting to in- troduce into Arizona of any of the prohibited articles mentioned there on? ." l. if -~~4-t<
 V. Is the amendment within the police power of the State of Ari- zonaf ga
 VI. Is the amendment divisible?
 MT. Ling contended that the en- forcement of the amendment will de- prive the complainants of their prop erty by preventing it's sale within Arizona of it's stock of goods, thus causing complete loss in value for all purposes of such property The en- forcement of the amendment, he said. will thus destroy vested property rights and the complainants are en- titled to a restraining order enjoining state officers from the threatened en- forcement of the amendment. The fact that this violation is punishable as a criminal offense does not change the rule.
 MT. Ling said:
 While it is true the amendment defines certain acts which it desig- hates as misdemeanors and provides that the punishment shall be by i'm prisenment for not less than ten days, nor more than two years, and by fine of not less than $25 and costs nor more than $500 and costs for each offense, it does not lay down rules by means of which these prin- c1ples may be given the force of law.
 That the amendment cannot be self-executing clearly appears from the designation of the prohibited acts as misdemeanors which are au- thorized to be punished by the in- fiction of greater penalties than those prescribed for all other mis- demeanors, and this punishment de- termines the jurisdiction of the court
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