The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-04-24

piaces 10 which the public resort.
Whcther 1t goes beyond this there is
no occasion now to inquire; but II
obviously does not forbid Transports
tion In a lawful manner, Of liquors
| for personal use In the home, over
the public highways. or in places not
Included In the enumeration made by
the statute, and there are many OF
them.
To charge an offense under sec. 81,
1t would be necessary only TO aver the
carrying Of more than One-half Of one
gallon Of intoxicating liquors into the
state, or from one place to another
within the state, in a suit case, trunk
or other container, without the pre-
scribed label. To institute a proceed
ing under sec. 8. the affidavit should
charge the manufacture, sale, Offering,
keeping or storing for sale or barter
! or all OF such acts, in a certain house,
building or other place therein describ-
ed. The complaint must name the
place and the warrant must command
search OF that place. not such places
- the officer executing II may deem
liable to search.
The effort to formulate a general
charge under all three sections has re-
suited in failure to make one under
any Of them. 1t is not averred that
Emsweller or any other cor,ain norsn,,
had manufactured sold ofroreJ ~
posed. kent or stored for sale NJ hor
ter. any lInuors Tho cb,rao ia ~,
some OF these numerous uniau,tII
things had been done In n emi, casa
trunk or other contoiner In hi. nosaos
sion, but not that bc did them thoro
or elsewhere. and bo mIpbt inwfnIIv
have had such LIQUORS in sucb n con-
tainer in n road street aIInv mr. room,
Moreover, the complaint did mt nrnv
for the arrest of E1nswelIer mr. any
other certain person. nor does the war
rant command such an orrost Tho
complaint sought a warrant n search
suit case. trunk or other container
and the arrest of parties and ncrsons
found therein. II was identified as one
In the possession OF Emsweller. but
no road, street. alley or room was
named. AS to them it was general
| going to all the roads, streets. alleys
and rooms in Monongalia county. De-
parting from it, the warrant command
ed search OF some room not identified
I nor in any way indicated, and the ar
rest OF persons found therein. Ems
weller's was incident to an Indefinite
search. The return OF the officers
shows it was. To charge him under
sec. Q. complaint specifying the
house. building or place was necessary
Neither the complaint nor the warrant
pointed out any.
No court has no,ver mr. irr;sd,o,fo,
TO convict unon f,cts tbot a. ,o. wv sao''
stltute an offense As 70 n NV nv ~ an do
ternine. upon n writ oP bahooo oor,S,,,,
or otherwise tho existorno ~ 49, W. p o..
istence Of an offensn IN tbo on,s " ot,ou%
ed there is No doubt . dio,Ino,,o
tween sunerior and inTar,or no,,,,a "
account ~ tho nros,,r,a,Ior N ~ o. -. on
of Jurisdiction in thn sor,nn - w.,
against I, In tho I,t,or d., T., -, III"
cord NJ \ court ~ oitho, oIoa. :, i,n ,,,L
tho focts ana tba oot, ,nSS Us, &c,
nrosecu,;on ar i,d ,,,',o - ,.. ~ ~ t"1
constitute m oe,orse r. 'I e. 20, W. iiot
IN nroeocrtn In ~ Inv NV, t.H 20 Nv po"e,
tho iudpmont is -ooosno,.,,,. ,.aiS -. ' ,x
other Want NJ i,r;sdto o,i ro' ~ III ,ne
caeos 10 grr,,,. onn ~, 's",e S.n IN sucH
NorIov y cod,ro,, 49, 80 ~, ", ne, e'
"A orT rrd,, =, o,Li "' 70 20 w ~ ~, va
That sustoi,s hat'an, w W, d. 40
nrobibition Chmroh W ha pus 10 wei dr.
COO o51 .T,,,n.;asl 49,, M'.' 90 loI puS'