;
I
4 A
NEBRASKA SUPREME COURT
UPHOLDS PROHIBITION LAW
Judges Sedgwick and Cornish Dissent, But Remainder of
Court Express Opinion That Act Is Entirely Within
Limits of Constitution of State; Prosecutor
McGuire Upheld.
7 (From a Staff Correspondent.)
Lincoln, April 13. (Special.) The prohibition law of
Nebraska is constitutional, but the supreme court of the state
W unabl to eet a unamious opinion ;on that part of the law
Mtlativ ta th riffht of a drueeist to have liquor in his'
oossession.
' CASE OF PAUL FITCH.
"The case comes from Douglas
:ounty where a druggist, Paul B.
Pitch was fined $100 and costs for
having liquor in his possession in his
drug store with no permit for keeping
It The majority opinion was written
T Chief Justice Mossissey and tht
dissenting by Justices Sedgwick and
Cornish.
According to the dissenting opinion
ot judge Sedgwick the liquor found
tn Fitch's possession, were seized the
text day after the law went into
jffect. The opinion states that Fich
sad aoolied lot a permit, but under
e law could not get it for 20 days,
fn th meantime he had made no
ales. , - f
LIKE EX-POST FACTO LAW,
. "His violation of law consists in net
having disposed of it before the act
moW effect." declares Judge Sedgwick.
'As a retail drugist he, was not author
ed to sell at wholesale, so that there
was nothing left for him to do but
lestroy the goods before the law
:ook effect. . Such legislation would
be of the nature of an ex-post facto
!aw, and under such construction the
jtatue itself destroyed defendant's
property, and violates both sections
1 and 16 of the bill of rights.
"It is in inconceivable . that the
people of this state, either by their
rotes upon tne aaopuon oi me wn
nitutional amtndment or through
the action of the legislature, intended
such a result."
Real Purpose Xhwarted.
Discussing the" language of the
proviso in the law which allows
iiouor for beverage use to be kept
only in private dwellings, the dis
senting ,opinjon. finds that this, was
the essential element of the druggist's
. jffense, and yet is was not pleaded
n the complaint. The failure so to
specify is held to be cleraly insuffi
cient, Judge Sedgwicg says further:
" '.'By the forced construction now
liven, to a statue which was intended
o abolish the open saloon and pre
rent drunkenness and crime,, the
vbole legislation is thrown into con
"usion and the real purpose of the
eople largely thwarted,
"Under the. decision, if physicians
:an get liquors for medicial purposes
f all; it can only be from druggists
vith permits, and then only denatured
. w ethyl alcohol. There seems to be
"rther similar violations ;ofk the statue
in this decision. J it seem-, dear that
the purpose of the constitutional
amendment and the statue was to do
sway with the saloon and drunken
ness, and. to that end to prohibit the
manufacture and sale of any intoxi
cating liquor to be used as a beverage,
and not to prevent the manufacture
' and sale of intoxicating liquors for
medicinal, scientific, mechanical of
sacramental purposes only.
."The details of this lengthy statute
are for the purpose of making sure
of that result. How unfortunate it is
that the Statute is. so construed aS to
hamper nd embarrass the enforce
emnt of the will of the people of the
state so plainly expressed in their
amendment to the constitution and in
subsequent-legislation."
v ' Majority Opinion.
.'The majority; 6pmion of the court
goes intothe matter-very extensively
and is follows: '
' "In ju prosecution tinder chapter
187, law bf,1917f for having posses
sion ofv intoxicating liquors, the in
formation': need not' negative the ex
ceptions.: under which Mil possession
may be lawful, bar these are available
in defense-. . ' - ';. . .
-"Nndervchapter 187, laws of 1917,
the sale of intoxicating liquors is ab
solutely prohibited -within this state
except as they may be sold under per
mit issued by the governor to those
bringing themselves within the terms
af the act.
"Section 3 11, chapter 187, laws of
1917, bears a reasonable relation to
the peace and order of the state and
to the enforcement of the law de
signed to- prhibit traffic in intoxicating
liquors and is, therefore, a constitu
tional enactment."
Intent o! Legislature. .
"Keeping in mind the purpose of
the constitutional i inhibition against
the liquor traffic, we may well assume
that it was the intention of the legis
lature to absolutely prohibit the traf
fic in whiskey and to limit the traffic
in iatoxicating liquors even for med
ical purposes to pure ethyl alcohol
and alcohol treated according to some
formula permitted by the United
States commissioner of internal rev
Mie so as to render it unfit to use as
i beverage, with suitable provision to
enable church societies to procure,
keep and, use wine for sacramental
purposes. Where the words 'intoxi
cating liquors' are used they appear
to- be employed so as to include wine
for sacramental purposes as well as
pure ethyl alcohol and alcohol treated
according to some formula permitted
by the United States commissioner of
internal revenue so as to 'render1 it
unfit to be used as a beverage,! but it
cannot be said that it was ever con
templated that whiskey might be sold
. under any pretense whatsoever
I As its Constitution! . ''
.'fit is further argued that the statute
is beyond the legislative power and
violates the constitution; - thai , the
state may nbt hgislate against the
p6sseSsion of intoxicating liquor i
wbere it is not shown that the liquor
iskept for unlawful, purposes; fhatit
j is-an unwarranted 'interferencei with
t property rights and is not within the
reasonable exercise of the , police
power. This contention is not without
respectable authority, to support It,
but there is also respectable authority
for a contrary holding. ' .
; Intoxicating liquor is .universally
regarded as a proper subject of appli
cation of the police power. Its power
to-create evil, prejudicial to the high
eat social order and the welfare of the
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 gene'ral
purpose of all of our laws on the sub
ject is to promote . temperance and
prevent drunkenness, and this pur
pose has found expression In our or
ganic law.
Put Plan in Operation.
"The state having adopted a con
stitutional amendment forbidding the
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 orivate dwelling house, the law
makers were not attempting to make
class distinctions and, inasmuch as no
person is forbidden by the law to own
or occupy a private dwelling house,
it. did not do so. We have 'only to
consider whether this limitation upon
the possession of liquor, even when
not held for an unlawful purpose, is
a reasonable one. It is idle to forbid
the traffic in intoxicants and yet fail
to provide an adequate method of en
forcing the prohibition. It is com
mon knowledge that officers of the
law find it difficult to enforce prohibi
tory measures. If parties are free to
keep quantities of intoxicating liquor
in rooms, offices and buildings other
than private dwelling houses, the
work of ths police officers is that
much more difficult.
Suppressing Public Evil.
"It is also well established that,
when a state, exerting its recognized
authority, undertakes , to suppress
what it is free to regard as a public
evil, it may adopt such measures hav
ing reasonable relation to that end as
it may deem necessary in order to
make its action effective. It does not
follow that, because a transaction
Separately considered is innocuous, it
may not be included jn- a prohibition
the scope of whljch is regarded as es
sential in the legislative judgment to
accomplish a purpose-within' the ad
mitted power of the government.
With the wisdom of the exercise of
that judgment the court has no con
cern; and unless it clearly appears
that the indictment has no substan
tial relation to a proper purpose It
cannot be said that the limit of legis
lative power has been transcended,
following the decision of the su
preme court of the United States in
Purify Extract Tonic Co. against
Lynch. ;
"It was proper for the legislature
to recognizi the difficulties whrich
would beset the administration ,of the
new prohibitory law, and the enact
ment complained of is a proper and
reasonable exercise "of legislatoive
power. The judgment is affirmed."
Upholds McGuire. ;
The Fitch indictment was the first
of a series of cases tried by Prose
cutor McGuir of Omaha.' The vic
tory for the state will have much ef
fect in the prosecution of future
cases, it is believed. ,It has been
through all the courts in Nebraska to
which cases cf this type have access.
Place Bond on Each Farm,
; Is North Nebraska Plan
Norfolk. Neb.. Aoril 11-fSbecial
Telegram.) A third Liberty loan
bond is on everv farm in eleven
school districts surrounding Norfolk,
the result ot a tartn campaign which
has just been completed by the bond
committee, beaded by C. E, Burnham,
in Norfolk, the citv caniDaiun onens
in Norfolk 'Monday morning. Mr.
Burnham, who is in charge of the
Eighth' Loan Comoaien district, savs
.districts all over north Nebraska are
over-subscribing their minimum
quotas., The campaign will continue
in an effort to place a bond on every
farm in the district.
Lancaster County Goes
Over Top for Loan Drive
(From a Stuff CnrrmipoixUmt.)
Lincoln. Aoril 13. fSnecial Tele-
gram.) Lincoln and Lancaster coitv
went over the top in the third Liberty
loan drive, being nearly $1,000,000
over the quota set for the cpunty. .
The quota set by the government
was $1,515,000. At noon today the
;ium had reached $2,292,750, . with
probabilities that it would reach the
$2,500,000 mark.
AUTO HORN
Black &nb nickel finish hand-op-ejated
Monitor horn 11.75
AUTO JACKS
Kimball ball bear
ing. No stooping to
raise car. One year
guarantee . ..$6.00
" ,
Other jacks as low
as .$1.50
AUTO CLOCKS
With , 30-hour movement' Prices
t $3.00 and $4 00
8-day movement Prices. . ; .$5.00
nd -.$10.00
WRENCHES V
Socket ' wrenches for any car.
Prices.
.$1.25, $3, $4
and up to...; ....
.$14.00
Tire Chain,
ITT 777717 Pm
A Vll &
Mm
FOUR-MINUTE MEN
GET COMMISSIONS
Granted to Nebraska Chair
men in Various Parts of
State; Names Are
Made Public.
Lincoln, April 13. (Special.) Is
sued "by and with the advice and
consent of the president of the United
; States," and given on recommendation
of the state head of the division of
four-minute men of the committee
on public information, government
commissions are being granted to
Nebraska chairmen who have proven,
through several campaigns, their abil
ity to organize and to conduct effec
tively the work of the division. The
commissions are granted under defin
ite regulations laid down by the divi
sion. Commissions were issued in March
to 38 of the Nebraska chairmen, who
now number 315. To holders of the
commission the government grants
the franking privilege on matters
connected with the work of the divi
sion. The commissions are "to remain
in force for the duration of the war
unless revoked for cause. The chair
men to whom the commissions have
been' granted are: William M. Ely,
Ainsworth: O. E. Shelburn, Alma;
Fred G. Hawxby, Auburn; C. W.
Doty, Beaver Crossing; Don C. Van
Deusen, Blair; C. J. Garlow, Colum
bus; W. K. Smith, Crete; Wilber W.
Anness, Dunbar; A. D. Scott, Edgar;
C. N. Schooley, Emerson; R. E. Riley,
Fairbury; Irwin E. Whitmore, Frank
lin; W. B. Ireland, Fullerton; A. B.
Wood, Gering; Harry Vaughan, Guide
Rock; W. S. Weston, Hartmgton;
John R. Corey, Hastings; Harvey W.
Hess, Hebron; Clarence A. iDavis,
Holdrege; Daniel F. Osgood, Hyan
nis; Fred Hoffmeister, Imperial; J.
L. Rice, McCook; Charles A. Chap
pell, Minden; R. E. Weaverling,
North Bend; William J. Spire, Ogal
lala; D. C. Morgan, Plattsmouth; F.
A. High, Randolph; Frank J. Mun
flay, Red Cloud; F. W. Shonka,
Schuyler; H. D. Landis, Seward; R.
A. Clark, Stella; Guy H. Matteson,
Sutton; Eugene G. Spencer, Tal
mage; John M. Tucker, Valentine; H.
H. Grosbach, Wauneta; E. L. Hunter,
Weeping Water; P. M. Moodie, West
Point, and James B. Harvey, York.
Box Butte Subscribes.
Alliance. Neb., April 13. (Special
Telegram.) After a parade two miles
ind length, composed of decorate
autos, hundreds of school children,
railroad employes, home guards, and
farmers and a patriotic speech by
Dean W. C. Shaw, subscription to
the third Liberty loan for Box Butte
county began coming in this after
noon. Indications are that the quota
for the county will be exceeded by
several thousands.
HYMENEAL.
Happel-Tedrow.
Beatrice. Neb., April 13. (Special
Telegram.) Leonard H. Happel and
Fern Fay Tedrow, both of Deshler,
Neb., were married here today by
Rev. Edgar Lucas of the Presbtyerian
church. i .
(Te;Tol
FE
25c Thrift Stamp
for 50 Caps
$5 War Stamp.
for 1,000 Caps
$50 Liberty Bond'
for 12,000 Caps
$100 Liberty Bond
for 215,000
Nebraska's Moat Delicious Beverage
Willow Springs Beverage Co.
Phone Douglai 1306.
SONS CO. 21V1 1515 HARNEY SX
Make Our Store Your Auto
mobile Accessories Shop, Our
Men Will Be Glad to Help You
With Your Auto Trouble.
AUTO HEAD LIGHTS
Flectric for Ford cars, complete
at $4.25
VULCANIZERS
Marvel Junior, special. ..... ,79c
CARBON REMOVER
Johnson's pt. . ,v 40c
1-qt. size 7$,
AUTO LOCKS
The Defender loc)i. Special price,
'of $2.75
TOOL BOXES
All sizes $2.50 to $4.00
Great Gun and a Large Line of Ford
THE OMAHA SUNDAY BEE: AFK1L
BRAKEMAN OBTAINS
RIGHT OFRECOVERY
Supreme Court Upholds $750
Verdict Given Agaiurt Platte
Valley Telephone Com
pany for Injuries.
(From Staff Correspondent.)
Lincoln, April 13. (Special.)
Frank S. Jackson will recover a judg
ment aeainst the Platte Valley'Tele-
phonc company of $750 for injuries re
ceived, the supreme court affirming
the judgment obtained in the Scotts
bluff district court.
Jackson was a breakman on the
Bridgeport-Guernsey branch of the
Burlington railroad. At Minatare a
storm had blown down the wires of
the defendant telephone company.
The station agent cut the wires,
which corssed the track, to avoid
them interfering with train traffic.
Later, an -employe of the telephone
company replaced the wires, but
bringing them lower than previously,
so that Jackson, while standing on
top of a moving car was caught by the
wire and thrown onto another car,
sustaining injuries from which he
sued the telephone company and re
ceived a judgment.
The telephone company appealed
on the grounds that the injuries re
ceived were not permanent and that
when the wires were replaced the sta
tion agent made no objection to their
lower location.
The higher court holds against
both 'contentions as not being suffi
cient to warrant reversal of the judg
ment North Platte Sammy
Girls Active in War Work
North Platte, Neb., April 13.
(Special Telegram.) The Sammy
Girls' club held an auction supper and
charity ball yesterday from which
they netted $3,000 for the war fund.
During the afternoon the Red Cross
women and Sammy Girls sold $103
worth of gum on the streets and will
open a movie show at the Ilovd opera
house Monday evening. They will
also receive the receipts of the B. of
L. E. annual ball which will be -held
May 1. '
Norfolk Boy Wounded
In Action April Third
Norfolk, Neb., April 13. (Special
Telegram ) Mrs. May Smith of this
city has received notice from the War
department announcing that her son,
Troy E. Bressler, was slightly wound
ed while in action with tn American
forces in France. Bressler enlisted
Dak., last August He is a nephew
of L. B. Banker of Battle Creek, Neb.
Bressler is trumpeter, 28 years old.
The official notice states he was
wounded April 3 last.
Hall County in Fine Trim.
Grand Island, Neb., April 13. (Spe
cial Telegram.) Grand Island (city)
over-subscribed its quota of $256,000
out of the county's $580,000 tt 10
o'clock this morning. Tonight the city
is over-subscribed by $25,000. Only
$90,000 needs to be subscribed
throughout the county next week and
this will largely be done at township
meetings called for Monday.
rea&gaina
BUY WAR STAMPS
AND LIBERTY BONDS
v with
Start Saving Them
, Today
Caps
To
4c
Omaha, Neb.
VEEDOL OIL .
In H -gallon cans 60c
In 1 -gallon cans ..5e
In 5-gallon cans $3.95
SPARK PLUGS
National plugs with 1 in.
firing surface. For all
cars $1.00
Champion X plugs. For
Ford . cars, special ... 45c
TIRE GAUGE
Schraeder's gauge in leather case,
at f. 9S
COCOA MATS
For Ford running board. Special.
at ...,.95e
For larger cars $1.25
THERMOMETERS
For radiators $2.50
$5.00 and up to. . . . ..... .$10.00
R
pair
14, 1318.
Every Town In Keith County
Qualifies for Service Flag
Ogallala, Neb., April 13. (Special
Telegram.)--County Chairman C C
Worden, reports that Keith county
has over-subscribed their quota, and
that every town in Keith county has
THIS SPAO;
-
qualified for a service flag- Keith
county continues to rank near the
head of the list.
Hitchcock County Farm
Owners Buy Many Bonds
Colbertson, Neb., April ll--(Spee-
ial Telegtam.)-Thc drive for the
RESERVED FOR CENTRAL
third Libert) Bonds in Culbertsoi
today resulted in raising $50,000, 3i
per cent above the nuota. The farm'
ers of the four precincts in the east
end of Hitchcock county met and
after an inspiring address by Rev.
Seidel of McCook went over the top
enmasse
FURNITURE CO.
EE33
11
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