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


charged the manufacture. sale. offer
ing. Keeping or storing for sale or
barter OF liquors contrary to law, Is
carried on. seizure of fixtures and ar
rest of persons found therein. The
complaint and warrant here involved
treat suit case. trunk or other con-
tairer as a place of manufacture,
sale. Offering, keeping or storing for
sale or barter within the meaning OF
that section. They proceed upon the
theory that the mere possession of
Intoxicating liquors in a suit case.
trunk or other container In any road.
street. alley or room Is an offense.
Section cOntemplates house.
building. boat or place In which per-
sons may b" and perform the forbid
den acts of manufacture, sale, etc. A
suit case, trunk or other small con-
tame rof liquors or packages of
liquors is not such place. Although
the warrant commands a search Of
that certain room or place" II Is to
be observed that no particular room
or place is designated in either paper.
Hence, 1t, too. must intend that
certain suit case, trunk or other con-
tainer in the possession OF one =. !.
Ermsweller in the roads, streets, al
leys or room"
Read In the light of the three sec
tons of the statute here referred to,
tn complaint and warrant obviously
attempt to charge one offense or nu-
merous offenses under all three. 1t
takes roads, Streets" alleys"
and rooms from section Z, suit
case" trunk" and other contain
er" from section 81, and the search
and seizure clause from section Q.
The act prohibited by section 81
and pertaining to suit cases, trunks
and other containers is a distinct
substantive offense. and Is not alone
proof nor evidence OF unlawful keep
ing. offering, storing or selling. Nor
is possession OF Intoxicating liquors
in suit case. trunk or other con-
tainer always an offense or evidence
OF guilt. II depends upon the GUAM
tity. the presence or absence of n
label, the place and other clrcum-
stances. The legislature evidently
did not conceive the possibility of the
manufacture. sale, etc. of liquors in
suit case. trunk or other container.
or occupancy OF such things as n
barroom with all OF its fixtures and
paraphernalia, for 1t made no pro-
visions for warrants for searching
thereof. To charge an offense under
section Z, it Is unnecessary to men
ton any suit case, trunk or other
container. 1t suffices to charge the
having, keeping. using of, or permits
To In
any Of the forbidden places.
From the terms Of the complaint
and warrant 1t Is manifest that the
officers proceeded under the misap-
prehension OF law that characterized
the procedure, and led to erroneous
results. in State V. Sixo-West Vir-
gInia-S7 s. E. 267. In that case.
so much OF section 81 of chapter I
of the acts of 1915, as made the
mere possession Of intoxicating
| liquor conclusive evidence OF unlaw-
full keeping, storing and selling" was
declared to be unconstitutional. It
was also held here that the mere nos
session of such liQours properly la
beled is not prima facie evidence Of
guilt OF an offense under the statute
| This necessarily means that the leg
islative act not forbldding the carry
ing for personal use. of two quarts
| of liquor or less. without label,
permits it by Implication. and also
+ the carrying OF larger quantity for
such use, II properly labeled. Sec
ton of the act likewise implicitly
permits n citizen to keep liquors in his
home for personal use. When this
proceeding took place. the impression
that citizen could not carry along
a highway or elsewhere. liquors in
any quantity, for mis- personal use. in
his pocket. or in a package. or hand
bag or otherwise. prevailed extern
sively in Monongala county. Just
what the very broad language of sec
ton : OF the act as amended means,
it Is not necessary to inquire. but IL
certainly does not deny to a citizen
the right to carry along a highway
to his home what he is allowed TO
keep there. its terms import no such
intention. A plain purpose is to en-