THE ALLIANCE HERALD, MAY 2, 1918
STPREME COURT UP
HOLDS DRY LAW
I ir-( Attmk Again) ( .iivitu(lKml
Jty of NrhrnnkH'n Prohibition
Valla
ths Information UM court sayt: authority, tinlertake to suppress
"KppptflK fn mln'l tht purpon of what it Is fro to rKrfi nil a public
the conntltutionnl prohibition against . vil, it may adopt such im i.-nns hav-
UM liquor traffic. Wt may well MMMM Ine masonablp relation to that end,
that It wan the Intention of the icgls- as It may deem neeensary in order to,
latnre to absolutely prohibit the traf- make its action effective. It doen not
tic in whiskey and to limit the traf- follow that, because a transaction
tic in Intoxicat.nK liquors even ror separately considered is inocuoua. it
j med'elnal purposes to pure ethyl al- may not be included in prohibition
cohol and alcohol treated according th scope of which Is reRarded as es
I to some formula permitted by the sential. in the legislative judgment
I i'nited States commissioner of inter- to accomplish a purpose within the
I nal revenue so as to render it unlit to admitted power of the government,
use as a beveraae, with suitable pro- With the wisdom of the exercise of
The supreme court of I slate of vision to enable church societies to that Judgment the oourt has no con-
Mftbraika, in an opinion written by I procure, k. ep and use w ine for sac- cern; and ItalSSS n olMUi appears
Chlf JUStlCS llorrltMJTi lianded t - n mtit 1 1 purposes. Where the wor.ln that the indictment has no subs' an
tfTI'K POK VI Itl.K ATION
Deaprtment of the Interior
U. 8. Land Office at Alliance, Ne
braska, April 4. 1918.
Notice is hereby civen that F.
Wortli Jones, of Auxiliary Kemount
Depot, Camp Funston, Kansas, who,
M October 10th, 1914, made home
stead entry, serial, No. 016.981, for
west half of section 14, township 21
north, range 4 7 west of 6th P. Merid
ian, has filed notice of intention to
lake final three-year proof, to estab
lish claim to the land above describ
ed, before Captain Howard C. Gale,
detachment commander at Camp
I unston, Kanaas. on the 13th lay of
May 1918. and the testimony of the
witnesses will be taken before the
reeister and receiver of the United
States land office. Alliance, Nebraska,
on May 13th. 1918
1 laimant names as witnesses:
R y Coats, of Broadwater, Nebr.
Percy Ben ale, of Alliance, Nebr.
Joseph Coval'. of All.ance. Nebr.
Henry Bag . :. of Al'ian-e. Ne
braska. T. I, o kki:fe.
8830-894--19 Register.
I HEAD STUFFED FROM
LA I Annn UK A tULU
cently. from which Justices Sedwick
nd Cornish djsentsd, upheld th
"possession of liluot" clause of tilt
atate prohibll iM law.
The attack up in it was made in tin
'intoxicating liquors 'are used they t in I relation to a proper purpose
itipear to he employed so as to In
clude wine fOf sacramental purposes
as well as pure ethyl alcohol and al
eohol treated according to some for-
eannot bo SSld that the limit of leg
islative power has been transcended,
following the decision of the supreme
ourt of the united States in I'uritv
appeal of Paul H. Fl itch, an Omaha I mula permitted by the United States Kxtract Tonic company vs. LffBCn
drupuist. who v.i: arrested the flay
after prohibition cn into effect last
May. charged with haviin' whiskey in
till poMeefltOB in hi:- sine. He was
convicted oa the theory that the only
place a man may ' ave intoxicanls Is
in his dwelling hous Rod that R drug
gist cannot lawfully pes , Under
the prohibitory law, any llqaoil save
ethyl sicohol and alcohol o treated
as to be unlit fo- bevenme pmpowR
The majority Opinion says that the
state hnelni adopted prohibition, it
was left to the leglalatnre to devise
a plan to succe. fully put that policy
into operat'on. II says it Is idle to
forbid the t.i tilc and yet to fail to
provide an adequate met hail of en
forcing the prohibition. It wag, there
fore, proper for the legislature to rec
ognize the dtfflCUltlM of enforcement
and the enactment complained of is a
proper and reasonable exercise of
legislative pover.
Justice Sedgwick, who wrote the
dissenting opinlonin which Justice
Cornish concurred, holds that the pur
pose of the amendment was to do
away with the saloon and drunken-
i iMMMnnnMFMi in . n M ini.- .ir. i w i( s proper lor itie legislature
a beeemje, but it eannoi be said that to bene! the administration of the new
it was ever contemplated that whis- prohibitory law. and the enactment
key might be sold under any pretense complained of is a proper and reason-'
whalsoever. able exercise of legislative power. The
It is further argued that the stat
ute is beyond the legislative power
Judgment U affirmed "
The dissenting opinion warm
in
and violates the constitution; that pal
the state may not legislate against "Under this decision, if physicians!
pnmHvn ... i ii i ha n hi ...!" , an get any liquors for medicinal pur
whore It Is not shown that the liquor ,,,. tt ,m f..,n ony f.()I1 d
is kept for unlawful purposes; that KlBt8 wltu p,PmU wd ,,. ony
it is an unwarranted Interference nature.) or ethyl alcohol There
with property rtfhts and Is not ', to ,H m.(ny ,,,,. sjmil.n. vj((
within the reasonable exercise of the ,at,0M of ,ututf jn )hjR (1(.,.jsl((n
police power. This contention is not sppms ,.,,... tha, ,,, ,.. ((f ,,.
without respectable authority to rap- constitutional amendmeni and of the
port it. but there is also res table statuu. wa8 fn y w,h IU
authority for a contrary holding.
"Intoxicating liquor is universally
regarded as a proper subject of appli-
loon and drunkenness, and to that
end to prohibit the manufacture and
sale of any intoxicating liquor to be
cation f the police power Its power usod u a 1)(.v, tnd not t0 p
"'" c, ' 1 J ' vent the manufacture and sale of in-
rm mica o, uer anu uie w e.ia r or ine toxlcmt,ng lqnon for medicinal.
community, is now universally admit
ted. and the power of the state to
prohibit its manufacture or sale Is no
longer open to question. The general
purpose of all of our laws on the sub-
sci-
or sacramental
ness, and that under the holding of ject la to promote temperance and
the majority that only alcohol can In
used for medicinal purposes practi
cally prohibits the use of all liquors
for that purpose. Ho says that the
construction given Is u forced one of
a statute intended to abolish the open
entitle, mechanical
purposes only.
"The details of this lengthy stat
ute are for the purpose of making
sure of that result. How unfortunate
it is that the statute is so construed
as to hamner mill a ttl Ha ta mm ft... nn-
pose has found expression in our or- foPcemMt of the will of the people of
prevent drunkenness, and this pur-
ganlc law.
Tusk for Legislators
"The state having adopted a con
stitutional amendment forbidding the
saloon and prevent drunkenness and traffic in liquor, it was left to the leg
islature to devise a plan to success
fully put that policy into operation.
In forbidding the keeping Of Intoxi
cating liquors at any other place than
a private dwelling house, the lawmak
ers were not attempting to make class
distinctions and, inasmuch as no per
son Is forbidden by the law to own or
occupy a private dwelling house, It
crime, and the whole legislation is
thrown Into confusion and the
real purpose of the people largely
thwarted.
"In a prosecution under chapter
187, lnws of 1917, for having posses
sion of intoxicating liquor, the infor
mation need not negative the excep
tions under Its possession may be
lawful, but these are available in de
fense. "Under chapter 187, laws of 1917.
the sale of intoxicating liquors Is ab
solutely prohibited within this stat.
except as they may he sold tinder per
mit issued by the governor to those
bringing themselves within the terms
of the act.
"Section 11, chapter 187. laws of
1917, bears a reasonable relation to
the pence and order of the state and
to the enforcement of the law design
ed to prohibit traffic In intoxicating
liquors and is. therefore, a constitu
tional enactment."
After discussing the first point, a
I the state so plainly expressed in their
amendment to the Constitution and in
subsequent legislation.
"If it was intended that all these
formalities related only to the sale of
ethyl alcohol, why not say so at once?
Before selling or keeping ethyl alco
hol, as herein provided, he shall se
cure a permit, etc. But the permit is
! to sell, not one particular liquor. It
is intoxicating liquors generally.
I "To provide, therefore, that only
alcohol shall be used for medicinal
aider whether
the possession
tliis limitation upon i
of liquor, even when 1
III, tuii;.ij , -i , . t i , .i I 1 f np..ti ll.it.. . I,
.11. 1 ... I.. ... 11' 1 i ,.....wovo i J ... i it 1 i j,, it in ,ji in nit" use
did not do so. VV e have only to con- . , . ,
, . ., ' of all liquor for such purposes."
The liquors found in Fitch's pos-
OkCtJIltTt U'lll'.i uiiliiil .... ! , - ft t. .
. . . 'l nrn- OVI,rxl Jti 41 At . . lilt
not held for an unlawful purpose. ia , , ,, ..... , ' , '
... 1 ' ' . . day after the prohibitory law took et-
;a leasonanie one. IT is Kilo io forbid , ., .... ... ., . ..
the traffic in intoxicants and vet fall h V ZZ.T ' , .
: ithat such possession was lawful up to
to provide an adequate method of en-1 .v. ,,, , , , . '""' lu
i.j uuir n .!!.. i. li (lOlIUS Mill Miai
forcing the prohibition. It Is com
mon knowledge that officers of the
law find It difficult to enforce prohib
itory measures. If parties are free to
he promptly applied for a permit, but
under the terms of the statute could
not obtain one until after the lapse
. , f t ....... . .. .1 T . I ,
keep quantities of Intoxicating liquor 7 . " lue '"n"" nt
...... . had made no sales.
AWFUL SUFFERING.
"I suffered untold agony
with neuralgia. I thought I
would go mud with pain. A
friend of mine advl-.d me
to tako Ir. Mile' Anti-Pain
mil. I did o and tl.o pain
topped almost at once.
Then I commenced using
Dr. Miles' Nervine and be
fore long I w.is bo that I did
not have thee pqlrt any
more." A J. WW
661 E. PUUte Ave..
Colorado Springs, Colo.
Close attention to
work is the cause
of much-Pain and
many Headaches.
Obtain relief by
taking one or two
1 DR. MILLS'
ANTI-PAIN PILLS
Then tone up the Nervous
System by using
Dr. Miles'
Restorative NervifK
IF FIRST BOTTLE, OR BOX. TAILS
TO HELP YOU, YOUR MCNE . V L
BE REFUNDED.
in rooms, offices and buildings other
than private dwelling houses, the "His violation of law consists n
work of the police officers Is that not "Hvinc disposed of it before the
much more difficult. ! a"t took effect." declares Judge Qpd
"It is also well established that. I wi(,k. "As a retail drusrgist he was
technical one relating to the form of when a state, exerting its recognized not authorised to sell at wholesale.
so that there was nothing left for him
to do but to destroy the goods before
the law took effect. Such legislation
would be of the nature of an ex post
facto law, and under such construe
tion the statute Itself destroyed de
fendant's property, and violates both
sections 3 and Id of the bill of rights
"It is inconceivable that the peo
ple of this state, either by their votes
upon the adoption of the constitu
tional amendment or thru the iction
I of the legislature, intended such a rc
suit."
Di.-cussing the language of 'he pro
viso in the !a-v wh oh allows liquor
for beverage un to be kept only in
private dwellings, the dissenting
opinion Buds that this was tha essea
tial .dement of the druggist's offense
and yet it was not pleaded .n tha com
plaint. The failure n to specify is
held to be clearly insufficient It con
eludes as follows:
uy me forced construci ;on now
given, to a statute which w i Inti nd
ed to abolish the open saloon anri pre
vent drunkenness and crime, the
whole legislation is thrown Into con
fusion and the real turpoe of the
f eople largely thwarted."
As Section II Head-
l'ossession of linuor Any pel
son may purchase and keep in b'
i possession ethyl alcohol treated as re
quired by this act so as to be. un"f forj
use as a beverage. I shall he unlaw
ful for any person to have, possess or i
permit any intoxicating liquor to be j
in, upon or about any room office.;
building or in any other place except
in such ierson's private dwelling
house, and except when and wher"
and in the manner especially author
ized as herein otherwise provide 1
And no person shall keep or MSS I
intoxicating liquor in his private
dwelling house in an amount more
than is, reasonably sufficient for his
personal use end needs; provided,
however, that in any action brought
under the provisions of this act. or
based upon complaint of any violation
thereof, or in any civil action grow
ing out of any such actions, the pos
session, in and of itself, of any intoxi
cating liquor in a private dwelling
house by the person against whom
the violation of the act is charged,
shall constitute prima facie tirtdoaOS
that such liquor was kept by such
aetOOa with the purpose of unlv,ul
sale, use or disposition in violation of
the law.
i
t
15
II
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THE CALL TO TOUR
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