Weekly journal-miner., 1915-10-06
IMPORTANT IS QUES-
 TON UP TO SMITH
From Sundays Dailx.l

(From Sundays Dally.) Dong Wah will answer to the charge of having introduced liquor into the State of Arizona in the Su- perior court, for Justice of the Peace McLane yesterday after he had heard the evidence in the two cases, dis missed the one charging the China man with selling liquor to w. P. How and bound the defendant over under bonds of $500 on the other.
 Wah's case, as it now stands, is undoubtedly the most important boot logging case that has come into the courts in Yavapai since the first of the year, for on it hinges the ques- ton whether man can or cannot under the prohibition amendment, in troduce liquor into the State for his personal use. With the charge of selling the liquor dismissed, Wah's case is one of bringing liquor into the State for his personal use. Wheth- CT the fact that 72 bottles were shipped to him in one consignment will prove differently, remains to be found out in the higher court.
 The charge of selling the liquor was dismissed by Justice McLane be- cause it was one Chinaman's word against another, and How, the man that was the principal witness, in his testimony, said that he was trying to get even with Wah. Although Wah was not on the stand, he declares that he did not sell any liquor to How. How's testimony relative to cashing the check was contradicted by E. A. Kastner.
 U. S. Authorities Act.
 Trouble seems to be stacked high iu favor of Wah, for yesterday, to add to his grief, he was arrested by the sheriff's office on a Federal war rant charging him with carrying on a retail liquor business without Unit ed States license, the charge being made by United States Internal Rev enue Officer R. E. Grizard. who has been in Prescott the last few days, investigating the case Wah, after being arrested, was taken before Unit ed States Commissioner F. L. Ha worth and arraigned on the charge. He was released on furnishing $500 bail. He will have a hearing before Haworth next Tuesday afternoon at ? o'clock.
 After the charge of selling liquor had been dismissed Attorney Robert E. Morrison started his argument for dismissal on the second charge, ad- hitting that Wah had imported the liquor from California and passing his argument On the grounds that the de fendant had brought it into the State merely for his personal use, thereby not violating the "dry" amendment.
 Morrison quoted the Webb-Kcnyon net, passed by congress, saying that, according to it, liquor can be brought into any State providing that its in 'roduction does not violate any of the States laws. He also declared that when Wah brought the gin and whis- key into the State he had no in 'cntion Of violating the law by selling the liquor He also said that in the State Of Kentucky the law which prohibited the shipping of liquors into dry sections was declared unconstitu- tional by the Supreme court
 Morrison rakcd Sheriff Joe Young over the coals, declaring that the sheriff of this county or Nany other had not right to use a skeleton key and enter mans home without a writ or a search warrant He also said that Young could go to every drug store in the city and he would find patented medicines which con tain between 20 and 40 per cent Of alcohol
 Deputy County Attorney Morgan held that, under the prohibition amendment, the phrase Intoxicating liquors shall not be manufactured in or introduced into the State under any prctcnse," prohibited its introduc- ton for personal use as well as for the purpose of selling it.