The weekly times-record. (Valley City, N.D.) 1912-1922, 1915-09-02
Railroads Are Trying to
Lay the Burden Of Liquor
Shipments on the Agents

facts alleged in the complaint were
true and agreeing to abide by the
courts orders against the Chicago
Milwaukee & st. Paul, attorneys for
the Gerat Northern, the 500, and the
Northern Pacific railways late today in
Judge Amidon's court asked that the
temporary restraining order be dissolv,
ed and that the case be dismissed.
Arguments were completed late in the
afternoon. Judge Amidon then an
nounced that he would take the case
under advisement. No decision can be
expected until some time in November.
In the meantime the restraining order
remains in force.
Grounds for the dismissal of the
case were that as common carriers
the railways received no compensa-
tion except that of freight charges; that
they are innocent; are liable to be
sued for damages on one hand and
contempt on the other; that the bill
of complaint is too broad and diff
cult to enforce, and that there is
nothing in the state statute prohibit
ing shipments into the state directly
or indirectly.
Judge Amidon at the close of the
hearing stated that if the Injunction
is maintained it cannot be held that
the delivery Of liquor is a direct vio-
lation of the North Dakota prohibi-
tion law, but the fact that it is car
ried to persons maintaining nui-
sanse may make the railroad compan-
les participants. He stated that the
bill of complaint does not point out
any specific place and that if there
is any embarrassment he might mod
ify the temporary order In issuing the
permanent injunction.
The remarks Of w. G. Porter, di-
vision counsel for the Milwaukee, that
the railroads only acted as common
carriers and were innocent and that
the state could obtain relief by in
stituting criminal proceedings against
local agents delivering Intoxicating Ii
quors contrary to law, were regarded
by First Assistant Attorney General
Francis C. Murphy as an attempt to
shift the burden from the railroads
to the agents. He stated that It was
/. the aim of these proceedings instead
of having the railroads aid in violat'
ing, to aid the state in the enforce
ment Of the laws, and thai he rail
ways could use the company's prop.
erty as an aid instead Of hin
drance."
Judge N. C. Young, representing the
Northern Pacific and Great Northern,
told that shortly after the passage
of the Webb-Kenyon bill, March 1913,
he had conference with the attor.
ney Of the North Dakota Enforce
ment league and drew up an order
explaining to the agents of the rail
roads the provisions of the new law
and that if and agent was found
guilty of conniving at violation of the
law that complaint would be made
Immediately by the enforcement off
Ger to the railroads.
Judge Young told of the seizures Of
liquors by sheriffs and that the com
panies were held responsible and tina:
1t was relief to them when the
Webb-K Kenyon bill was passed. "Our
agents are subject to be charged with
making criminal sales," said The at
torney for the Northern Pacific "and
the bill charging delivery to fictitious
. persons is a federal violation If the
attorney general had named an agent
in the action we would have to stand
trial as a participant. I don't know
how we can avoid the liability.
recognize every day that goes by thai
the agent is LIABLE"
Assistant Attorney General Murphy
brought out that the railroads II
transporting liquors and makiDg de
liveries are SO connected With parties
that under the principle Of common
law they could be held as response
BILE as they are aiding and abettins
in the maintenance Of a common Law
nuisance. He cited the decision o
the case of the State of West Vir
ginia against the Adams EXPIRES:
company, order for liquors havins
been sent through the mails contrar!
to the laws Of the state and that un
der the decision Of the supreme cour
the sale is consummated by the deliv
cry, and that the carrier and agen
could be enjoined. He said the Wes
Virginia case was analogous to thu
situation in North Dakota.
In advancing his arguments at th'
morning session, Attorney Porter de
.clared that there were no provisions