Bisbee daily review., 1916-04-29

The guilt or innocence of a person
 SO charged would become a question
 Of fact in each case. to be determined
 are determined under the law"
 Extracts from Attorney Genera Jones).
 Tn the complaint or information
 filed in these cases it is not neces'
 sary, as the Supreme Court says, tC
 state that the liquor is not for per sonal use The complaint or infor- nation may be that it is a matter
 of defense to be set forth by the de 'fendant at the examination or the
 trial, if he has such defense for the | introduction of the liquor into the
 state of Arizona"
 Please note the Supreme Courts decision plainly states that it must
 not be understood that the mere claim
 that intoxicating liquors are brought | in by one for his personal use rem
 ders such persons immune or free from prosecution"
 i Again ncte that the Supreme Court
 says definitely Any one bringing in toxicating liquor into the state of Ari-
 
 Please note particularly the follow ing, which shows that only judge or jury are capable of deciding and not any executive or administrative off cer, such as sheriff, deputy or consta- ble
 If the jury under appropriate in structions as to what use would be a violation of the law of this state are convinced beyond reasonable doubt from all the evidence and circum- stances in the case that such intoX- icating liquor is intended by any person interested therein to be re- manner used in violation fany law of Arizona it would be their duty 10 convict If the use intended violates no law of this state then no offenSe has been committed"
 The Supreme Court no where says the Sheriff may be the judge of facts; il plainly says the jury, only, may judge of ones intent.
 If would do as MT. Bucknam asks me to do. and make myself judge, jury, legislature and assume to my self all such powers, I would indeed be little less than king, monarch, de spot in very fact Unold avenues of graft would be open to me. I could lie out on the roads and every wa gon, automobile or cargoe of liquor l met I could demand ransom or in other words hush money for my Judg- ment given that the cargo was for personal use. I could free my friends and incarcerate my foes.
 Now people of Cochise County do you want your sheriff to take unto himself such power. If you do. you must get another sheriff. feel I am fighting losing fight as it is. However, a fight I intend to con tinue to the best of the resources at my command. Under our present law law, saloons or practically saloons are being run openly or almost op- enly in Bisbee and Douglas and else where, and l am able to strike but feeble blows. However such power as I possess I am using. It seems hopeless at times, apparently opposed by both drys and vets, yet my only course is 10 fight il out along the lines I have chosen which l believe my duty so long as I continue in this office When all is over I will still be able to look every man in the eye, backed by the knowledge I did my best, and my instruction to my deputies are still to arrest all per sons caught introducing liquor. To take prisoner before nearest magis- trate, whose duty it becomes to de termine if there be cause or lack of cause to send prisoner before a jury of his peers before the Superior court | in Tombstone. The Supreme Court having distinctly stated that the jury alone, has final power of judgment as to intent.
 I certainly intend to treat every one alike. l would not make law of my own and say this man may liquor, this other man may | not.
 In regards to the almost open run hing of saloons in many places. l can : only call upon the law abiding peo- ple to aid me. Under the present law it seems one must actually see li- quor sold, secur epossession of the lllt pCiSOh oAiNf witness of course, the person pur- chasing.
 Any one who will stop to think will how nearly impossible these requirements are; The only way to close these saloons is as follows: To station two deputies, on eight hour shifts in each suspected place; { hese deputies 10 observe all that occurs in said places; as each place would require six deputies, counting three shifts, and as there are fully twenty such places in Bisbee and Douglas, I would need at least one hundred and twenty deputies daliy.
 Of course the county would not pay these deputies; but if there are sufficient men, law-abiding ana pa triotic enough to thus serve in the in terest of law and order l will deputiZe them to aid me in actually making Of the prohibition law in Cochise county a real fact.
 If l could secure four or five hun dred such volunteers in Douglas and Bisbee each man would only be re quired to serve once in every three or four days.
 ,-,s IA, m