The copper era and Morenci leader., 1917-02-02
COUNTY ATTORNEY GIVES OPINION ON
 PROHIBITION
Letter Sent to Sheriff Wheeler Who Asks the Attorney for Opinion Officers to Work on Interpretation.

Answering the questions of Sheriff Harry c. Wheeler, regarding the new prohibition law, County Attorney J. F. Ross has prepared the following opin- ion:
 Tombstone, Arizona, Jan. 8, 1917. Hon. Harry c. Wheeler, Sheriff,
 Cochise County,
 Tombstone, Arizona.
 Your communication containing the following questions, received:
 1. On which date did said law take effect? (referring to the Prohibition Law adopted November, 1916.)
 2. Just what is contemplated by' the use of the word 'transport?"
 3. in the case of liquor having been in ones possession previous to said laws passage, would it be un- lawful to remove, or transfer, said liquor, just as it would be unlawful to transport liquor introduced subse- quent to the passage of the recent Prohibition Law?
 f. Is it lawful for one to transfer, from place to place, liquor in small quantities, say as much as one bottle?
 5. When finding or locating any great amount of liquor, and there is doubt as to whether or not said liquor was, or was not, introduced since the recent laws passage, what would be the wiseSt course, in your opinion to pursue. In the case of liquor now in my possession, is it not violation for any owner to transport or move said liquor from the county jail to any other point?
 6. In case of liquor being shipped from one state to another, and through Arizona, would said shipment be considered violation of the laws of this state?
 I will answer your fquestions con- secutively, as they are numbered.
 1. Paragraph 3333 of the Revised Statutes of Arizona, 1913, provides (after making provision for canvass ing the votes cast on a measure): That the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against each measure and proposed constitutional amend ments as are approved by a majority of those voting thereon to be in full force and effect as the law of the State of Arizona, from the date of said proclamation From this para graph you will note that the law took effect immediately upon the proclama- tion being issued by the governor. 2. Webster defines the word trans port as follows: 'To carry or con- vey from one place to another" The legal definition is given in about the same words, as follows: ''To remove to carry, or convey, from one place to another; to carry, bear or convey from one place or country to another, 3S Cyc., 946. You will note that the definition given by these two authori- ties is very broad, and fixes no limi- tation It has been held that the act of a station agent, who removed liq- uor from the platform where it was unloaded by the train crew into the | freight room was a violation of the law against transporting liquor, State vs. Rhodes, "A l.. R. A 245. In the case of State vs. Pope, 60 s. T., 234, it was held lin prosecution for trans porting contraband liquor, where the defendant was found at the church selling liquor from bottles in his pos session, the presumption is that he carried it there" The reasoning in this case is that person having liq- uor in his possession at an unusual place carries with it the clear pre- sumption that he brought it there, and therefore transported it. Again the mere removal of liquor distance of 12 feet is held a violation of the law prohibiting the transportation of in, toXicating liquor. On the other hand it has been held that, where the re- moval of liquor is within a person S domicile, and is only removed from
 room to room, it is not violation O. law prohibiting the transportation oi