The courier-index., 1918-02-08


 a decision handed down by the Ark ansas Supreme Court today it is not unlawful for person to bring liquor into the state for his personal use. The decision was based on conv1c- tion of A. P. (Toney) Rivard of Hot Springs, convicted in the Garland circuit court of bringing liquor into the state. The Garland circuit court instructed the jury that if Rivard brought the liquor into the state to sell he violated the bone dry law, hut that if he brought it in for per sonal use he did not violate the law The supreme court, however, ruled that neither constituted an offense, but that if Rivard had liquor for sale he could be reached under other statutes.
 It was estimated that 800 convic- lions under the importation for per- sonal use law were secured by the state divisions. The bone dry law became effective last year and nearly every convicted man paid the fine imposed by the trial court. To days opinion was written by Justice Hart and is in part as follows:
 "Other states have forbidden en- tirely the introduction of intoxicat ing liquors within their borders. Such states have enacted statutes not only prohibiting carriers or other persons from bringing liquor into the state or delivering them to persons there but have forbidden persons from bringing into the state intoxicating liouors for their own personal use.
 Tn all statutes we have examined when it is intended to prohibit ant person from introducing liquor into the state, the language of the statute has expressly forbidden such per- sons from bringing intoxicating liquor into the state.
 sIt will be observed that the sec tion uses the words to ship or to transport into or deliver in this state.' It would seem that the words to deliver were meant to place the ban of the statute upon any trans fer company or person who should undertake to deliver to the consignee the intoxicants after they had arrived at the place of destination.
 "The concluding part of section l is for the purpose of harmonizing sections of the act and allowing the carrier or other persons to transport or to deliver into the state wine for sacramental purposes of alcohol for medical or mechanical purposes un- der provisions of section 1 of this act
 Other states have sections similar to that of section 1 of our state, and and conclude with the words, Or other intoxicating liquors intended by any other person interested there in. to be received. possessed, sold, or in any manner used in violation of any law of the state
 Whether in the form used in our statute or in the form just quoted the object of the concluding part oi this section is to recognize the right of the carrier or other person to transport or to deliver intoxicating liquors in accordance with other provisions of the act. For instance, in several of the states there. Is clause which allows a person to have shipped transported or delivered to himself in the state from a point without the state a limited quantity Of intoxicating liquors within a given time
 The concluding part of section In the language just quoted is to allow the transportation into and delivery in state to consignee as provided in other section of the act. So as we already see the concluding part of section 1 of our state, allows carriers or other persons to trans port or deliver in this state to the consignee liquors in accordance with section 17 of the act.
 We think the construction we nave placed upon the statute Is borne out by the plain language used Tn It, and we are of the opinion that person who personally brings
 0NiNo'iiS hVuorS iHtU the o'ooo ioi himself does not come within the proRbition of the statute. If he uses them in violation of the law or keeps them for the purpose of selling them alter he has brought them into the s'ate, there are other statutes, as we have already pointed out. dealing "ith that phase of the question:
 It follows that the court erred in telling the jury that the defendant would be guilty if he brought the 'n.oMcating liquors within the state "lth the purpose of selling them aiter he had brought them here" ID ASK REHEARING OF
 BONE DRY CASE
 Lttie Rock, Feb. 6.-Motion for a