Arizona republican., 1916-05-06
THIS MAN USED
 CONSIDERABLE PERSONAL USE


 United States Commissioner j. H 1 angston yesterday bound Frank Palmer and J. H. Pearson over to the federal grand jury placing their bonds in the sum of 5000 which they were unable 10 furnish. The men. charged with shipping liquor from one state to another without labelling the ship ment were represented by B. F. Marks, who asked that they be transferred to Tucscn where federal court is now m session that they might be given an immediate trial Commissioner Lang ston stated that he did not know whether or not he had the authority to make such an order but would in- vestigate at orce and if it were possi- ble q speedy triol would be granted the defendants.
 Palmer who is alleged to have brought more than three hundred lints of whiskey iE trunks and suit cases from Los Angeles for his per sonal use chung to his story of re- quiring It for his health. Before leav-
 ing the commissioners office yester- day ne complained of an attack of asthma and pleaded Tor just a few 1 ounces 10 help him breathe. He said | he had shipped the supply because he could not go back and forth to the coast every time he ran short and il was nothing for him 10 drirk pint or two a day.
 In handing down his decision yes terday Judge Langston said;
 The question of law raised in this case is q very interesting one that is the question as to- what the word ! ship as used in section 240 of the
 Penal Code of the United States, means 1 have examined with interest and great deal of care the cases
 rited hy counsel for the. defense, and
 have searched the authorities upon
 my own responsibility in an endeavor
 10 find what definition the courts have
 given the word ship, and l find that
 the case of State vs, Carson reported
 in 125 x. w. 69s. cited by defendants
 counsel gives about as satisfactory
 a definition of the term ship as any { have been able to find. That was a
 case decided by the Supreme court , If Mnn. ConsIruing a staute whict
 prohibited the shipping of game out
 of the state. The statute under con-
 sideration by me in this case being federal statute making it an offens' 10 ship or cause to be shipped ip toxicating liaUor from one state il , tue l'nIted States 10 another State 0
 tfe United States without marking I the package on the outside cover s' l that il would plainly show the nam l. of the consignee the nature ant s amount of the contents. and con T taining similar provisions to that O l the Minnesota statute l deem the de I cision in that case applicable here 2 he court in that case made use o ! this language.
 n We are O; opinion that the de 2 livery to the carrier, for transpor [ tatior 10 point beyond the boundr g oi the state constituted violatio g of the statute. The word ship a l. hereis used must be given it's usuS n and ordinary meaning for there n nothing in the law itself which ind
 cates a different legislative inten e TLe wcrd ship and shipment ar . now generally used to express the ide l. of goods delivered 10 carriers for ti e purpose of beng transported from or 'f place 10 another and such signfica II ton is given to them by lexicogra phe, 1' generally. Wehsters Information; 1T Dictionary, The Century, Law DiC T tionaries give substantially the san
 definition
 Century Dictionary gives this de
 milton of the word ship to deliv,
 to a common carrier. forwarder. e,
 press company. etc. for transporti !, tioh whether by land or water or bot
 as to ship by express. by railway
 by stage The evidence in these cas- - shows that two tickets were pu k chased. and that three trunks contain d ing approximately 100 bottles of whii n key were packed therein with quill h and newspapers for packing. and d. re .ivered 70 the railroad company f. |. Transportation from Los Angeles If Phoenix. two trunks being checkt
 upon saiG tickets as baggage and or il Of the tr1irks being checked as el ,- cess baggage upon which there WI r. paid over ter dollars excess baggal
 charges This in my opinion constitute 10 9 shipping under the Penal Cot id end was an act prohibited by tn 10 sectioi.. One trunk key was found m defcndant Pearson and one upon D IF fendant Palmer, both keys fitting ol m or more Of the trunks containing whi in keV- the possession of said trunk ke,
 is unexplained and other positive ev ,- dence connecting the defendants ,d these cases with the transportatit F. of said trunks of whskey. from l. pr Angeles, California, to Phoenix. Ar ,e zona. and said trunks not beii ,- labeled as required by said section .d the Penal Code.
 ,d Believing that there is probat h. cause to believe that an offense h.
 Jeen committed and that the defe nj. dants have committed that offense a, > my 0rty to hold them to the grai nt jury of the United States, which ,- will do and fix their bail at $l,0 |, each