Tombstone epitaph., 1917-01-28

 prohibition law, County Attorney J. F. Ross has prepared the ollowing opin- ion:
 Tombstone, Ariz. January IS, 1917. Hon. Harry C. Wheeler, Sheriff.
 Cochise County.
 Tombstone. Arizona. Dear Sir
 Your communication containing the following questions. received.
 l. 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 sebse- quent to the passage of the recent Prohibition Law?
 4. 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 a violation for any owner to transport or move said liquor from the County Jail to any other point?
 s. 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 questions 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 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 9 Webster defines the word transport as follows: "To carry or convey from one place to another" !" The legal definition is given in about the same words, as follows: "To re- move, to carry. or convey, from one place to another: to carry, bear or convey from one place or country to
 ,other." 3s Cyc, s4e. You will note that the definition given by these two authorities is very broad, and fixes no limitation It has been held that the act of a station agent, who re- moved liquor from the platform where 1t was unloaded by the train crew into the freight room was a violation of the law against transporting liquor, State vs. Rhodes, 24 L. R. A., 245. In the case of State vs. Pope, 60 S. E., 234. 1t was held "in a prosecution for transporting contraband liquor. where the defendant was found at the church selling liquor from bottles in his possession, the presumption is that he carried it there" The req soning in this case is that, a person having liquor in his possession at an unusual place carries with it the clear presumption that he brought it there. and therefore transported it. Again the mere removal of liquor a distance of 12 feet is held violation of the law prohibiting the transportation of intoxicating liquor. On the other hand it has been held that, where the removal of liquor is within a persons domicile. and is only removed from room to room, it is not a violation of law prohibiting the transportation of liquor. list woolen & Thornton on Intoxicating Liquor, Sec 249.
 On examination of the authorities,