The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-11-01
BOTTLE OF FLU
CURE" HOLDING
STAGE CENTER
AT THE CAPITAL

Bismarck, N. D., Nov. lone very
determined United States express
agent and one very positive United
States hone dry statute stand between
Associate Justice James N. Robin
son and one quart of "flu cure" ag-
ed in wood, bottled in bond, and
guaranteed eight years old. .....,
The flu cure reached the Bismarck
Northern Express office Tuesday
night, and 1t was consigned to Jus
tice James r. Robinson. The league
supreme court member called for his
remedy Wednesday morning, and
y Agent Walton positively refused to
turn it over to him without an affi-
! daVit from his doctor to the effect
that the aged Jurist was In poor
! health and must have FLU cure" TO
make him we'll. Judge Roinson de-
| clined to produce the affidavit, and
the whiskey is still there.
Law Must Take Its Course.
The law is no respecter Of persons.
! in the opinion of Col. NJ. A. Hid
reth, United States district attorney,
who, speaking from Fargo yesterday,
stated that unless Justice Robinson
can produce an affidavit of i'll health
he will be in the same position as
North Dakota citizens Of lesser dig
nifty who have endeavored to i'm
port whiskey and other drinkables,
and who have run athwart the state
and federal bone dry statutes.
IF Judge Robinson can produce an
affidavit from his physician stating
! that liquor is needed for medical pur-
poses, he is within his rights under
| the federal law" said Attorney Hid
Ia
| permits such shipments to be made
upon such affidavits; if an affidavit
Is not made, the law Will apply as
in the case of any other citizen who
shipped liquor into the state"
Violates state Law.
Irrespective of the legality of the
So called bone dry law of 1917, which
Judge Robinson has declared faxed
ed into North Dakota for medical
purposes by individuals. A statute
enacted in 1913, and which was not
repealed by the act Of 1915, provides
that such importations may be made
only through registered pharmacist,
attorneys say.
Competent local authorities are Of
the opinion that still "dry" territory
under the amended federal liquor
statutes, which prohibit the carry
ing in interstate commerce Of intox-
icants consigned to territory in which
the sale or manufacture of the same
Is prohibited. The North Dakota
constitution prohibits the sale or
manufacture OF alcoholic beverages
and the state is therefore made
bone dry" except as to intoxicants
to be used for medicinal, scientific,
mechanical or sacramental purposes,
through the operation of the federal
statutes without further legislature
act on the part of North Dakota,
local attorneys contend.
What Will LANCER Do?
In view of the fued which has de-
veloped between Judge Robinson and
Attorney General LANCER, the leagues
two most prominent legal lights,
there is much interest locally in Mr..
Langer's attitude toward Judge
IRobinsSn'S bottle Of FLU cure" Loca:
offtciah appear inclined to pass the
buck to District Attorney M. A. Hill
dreth, holding that a violation of a
federal rather than a state statute
lis involved.
In a statement to sherifss, states
attorney and other law enforcement
officers yesterday. Attorney General
LANCER said: THE only way in
which liquor may be brought into
North Dakota is through registered
pharmacists who are under heavy
penalties if they attempt to abuse
the privilege by selling to other than
those who have physicians prescrip-
tons. Any person apprehended in
attempting to evade the law will be
vigorously prosecuted. The legisla-
ture can change the method for get
ting liquor for medicinal purposes,
and its provisions on this point are