The Weekly Chieftain. (Vinita, Okla.), Vol. 29, No. 17, Ed. 1 Friday, December 29, 1911 Page: 2 of 8
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STATUS OF LIQUOR LAWS
FORGE II THIS STATE
Oklahoma Cftjr Dec. Tie s-.e j eKallh L: rlgU u i
Tiif-nt that tLe Oklahoma crinl court i state vouIJ thea b .11
RED CEDAR FOR BULDINGS
f
amended prohibition Jaw cf the ti.ird
J'-Kibiature that one could have "a!;
the liquor fie w&ntti and in any
amount" bardiy staffs the situation
fairiy. It did hold that the h-giilaure
had no authority to limit the amount
of i:jt"Xi ant? the citizen couM pos-
sess but with it wer.t no edict that
the state could not inquire into the
good faith of the. citizen's holding. In
fart the ruie of rea&or. to to speak
remains in force.
To illustrate; The Ustemate com-
merce law recognizes liquor as a legi-
timate item of commerce between the
states therefore a citizen mar pro-
cure it for his persona! use over
which there would be no qjtts'on yet
if he purchased a car load the law as-
sumes that .to. bo too much for per-
sonal and .convenient consumption
therefore the amount conticjes to be
an element of good or bad faith.
The legislature in proposing to limit
tlifs citizen to one quart of whisky etc.
went beyond Its legal right. Had it
been (specified that the possession of
more than o.ne quart was prima facie
evidence of an intent to ' violate the
law then the burden of proof would
hare been shifted to the possessor and
it would have been up to him to show
that none of the goods was Intended
for illegal purposes. With such or
similar verbage the law would have
"stood up" In that respect.
New Congressional Act.
One of the greatest embargoes pro-
hibitionists have had to encounter Is
that holding of the courts declaring in-
terstate shipments of Intoxicating liq-
uors continued to be "interstate" in
character until they reach the hands
of the consignee. This has not been
the results of phrase-twisting or bench
acrobatics but those decisions sustain-
ing the rule declare It is based upon
a clear conception of what interstate
commerce says and actually intends.
Following-' this position they reason
that if the Interstate commerce law
permits the citizen to receive a ship-
ment and protects it while in transit
then the citizen hi entitled to secure
actual possession of the goods wheth
ed It be at the railroad station or his
place of business or home. Some
courts have held the citlzen5s right to
himself carry the liquor from the depot
to his residence upon the theory the
residence was where It was intended
to go and It made no difference what
the agency of actual delivery was
Once the iiquor reached the place of
ultimate consignment then the state
law would attach.
Five years ago the prohibition advo
cates came to the realization that state
laws by themselves would not bring
about a desired condition. It was plain
that substantial aid would have to
come through congressional enact-
ment and they foresaw the possibility
of a sharp conflict between the state
and federal rules respecting interstate
commerce. For several years there
has been a gradual tightening of the
ropes In which the interstate com-
merce law has lost none of Its potency
but the line of demarkatlon of the two
rules appears more definitely drawn
and In more certain language. The
last step was in the federal law re-
quiring the labeling of intoxicants so
that would be notice to all concerned
of what the shipment contained and
becau.se an aid to the Ktate regulation
in that every question of contents was
predetermined. The fact there is such
a law extant makes it more certain
that former Indian Territory will re
main dry In view of the civil court
of appeals' decision in the Fort Smith
case.
. Like Food and Drug.
There Is to be or has been a bill of-
fered in the United States senate
which it is believed draws the afore-
said lino of demarkatlon about as tight
as it possibly could be without sever-
ing the legal strands. Realizing the
impossibility of declaring that intox-
icating liquors shall become subject
to police regulations of a state as soon
ns they cross the state line In inter
state commerce the new Idea follows
the rule laid down in the food and drug
act? and allows the state a procedure
by which the legal status of the liquor
may be fixed. In other words as soon
as the liquors cross the state lino the
new law will not prevent the state
from compelling the consignee to go
into court and prove that the liquors
are not intended for violating the state
law. Such procedure must be based
upon a legitimate action. An agent
for the state for instance may go be-
fore a magistrate and declare under
oath that ho has reason to believo
that a given shipment is intended for
illegal purposes and then it will be
incumbent upon the consignee to show
that tho converse ia true and until
this is done tho court Is custodian of
the goods. If tho consignee can not
e ;:;uor. tne
to dispose of
ize.
While ail that Las Wei sa."J apples
to a state yet tie fame regulation
would be applicable to a country hav-
ing local option when the shipment
of course was an interstate one.
Liqjor in Indian Territory.
Olhr than announcement by rail-
road companies that they have notified
all a?er.ts to accept r.o liquor for car-
riage or delivery into former Indian
Territory or the Osage Nation (Osage
County) based upon the recently de-
cided Fort Smith case nothing has
been done toward enforcing the de-
cree of the court. TLe federal officers
are studying the new order with a
view of determining where they stand
and scope of their authority. The car-
riers will not take an appeal to the su
preme court of the Lnited States but
will leave that for the other side to do.
The general view in former -Indian
Territory is given by the Muskogee
Times-Democrat as follows:
"The old Indian Territory liquor law
(the one continued in force by the re
cent decision; made it a crime for per
sons to introduce liquor and posses
sion was prima facie evidence of intro-
duction. The state law did not pro-
hibit Introducing. Thus it seems the
state and the federal laws now dove
tail nicely to the undoing of the boot-
legger. The state prohibition law
which is declared by experts to be the
most Iron clad ever adopted by a com-
monwealth. Is to be supplemented by
the most drastic prohibition law the
federal government has ever conceiv-
ed. It not only brings us back to the
days of Bud Ledbetter (once United
States marshal) and red ink but goes
further still and makes It a felony for
any transportation company to intro-
duce (ship) liquor into the prohibited
territory. Time was when half the
cases on the criminal dockets of In-
...... uahuara for telephone and tele-
trodunng." It meant that some one granh noles is th latt Mo 0ti
was accused of bringing liquor into In-1 that is to be tried out. It sounds
dian Territory. It might have been a plausible and it is believed that it
half a pint or a car load. The penalty be more economical than the old
was the same. But in those days ex-1 KtJ"Ie of PJes. Its test Is to come
press companies and railroads were
Soir.e of Tbi Excellent Material Is Es- J
tlmated to Be Nearly Four Thou- j
and Years Old. !
i
It will surprise many to know that i
they have ia their tomes material es-:
titrated to be 4.0 .0 years eld. If th!
fhingies cr interior Enish ia red cedar'
cr if you Lave a red cedar ctest It is j
pessitie that the wood antedates the
history cf this country by thousands'
cf years says the Cleveland Leader. j
A Cleveland man Is credited wlta !
bringing tie first red cedar into this j
section v . A. Geist on a western trip
several years ago was attracted by the
red cedar forests at Port Angelas.
V.'ash. He established a mill there
and began shipping the cedar to the
eastern market Formerly the south
ern cedar was used la great quantities
tut it is the claim cf Mr. Geist that
the product from the PadSc coast Is
growing ia favor and the demand for
it Is increasing.
It Is A most durable wood and its
vze in a home guarantees that moths
and ether troublesome insects will not
enter. It is used for wainscoting man-
tels cupboards cabinets and especially
for chests In which to store furs and
ciotblng. Mr. Geist exhibits a quantity
cf red cedar cut from a tree he esti-
mates to be at least 3700 years of age.
Three large cedars w ere found growing
from a fallen log which was five and
one half feet in diameter. The largest
cf the three trees growing from the
fallen tree was ten and one-half feet ia
diameter. By counting the rings in
both trees indicates that the fallen
tree still sound la Bearing it s four j
thousandth birthday.
Mr. Geist Is an expert npon red
cedar and goes In for the history of
the wdnderful trees of Washington and
other coast states as a biographer
would the data upon the life of some
famous man. He surrounds a bolt of
shingle cedar w ith an Interesting story
which goes back to the misty ages and
something like reverence grows within
the listener for this venerable work of
nature.
Unquestionably the red cedar Is the
oldest material used In the construc-
tion of the home and few materials
will outwear it it being nearly inde-
structible except by fire.
TELEPHONE POLES OF CACTUS
Arizona Government Is Planning
Make Good Use of the Giant
Sahara.
to
not restrained Irom shipping liquor;
the man who sold it and the man who
bought It took chances on ever getting
it past the argus-eyed deputy United
States marshals but it was then no
concern of cither the express com-
panies or the railroads."
Gamut of Three Trials.
Bootleggers of the future in Indian
Territory will have a merry time it is
predicted of evading convictions if
once apprehended in selling the goods.
The criminal court of appeals of the
state has held that one act may con-
stitute several offenses. First the fed
eral government will be at libery to
convict for Introducing or selling. After
that the state will take a whack at the
violator with its law which prohibits
Illegal possession under certain in
stances and then if the violation' hap
pens to be in a city which has an ord
nance against the proposition the cul
prit will receive his third soaking. The
fact that such may be done was held
in a case brought before the criminal
court of appeals from Tulsa overrul
ing the contention of two Jeopardies
for one offense.
Tho proposed new law recently de
cided upon at the conference in Wash
ington and above referred to was
drafted by Fred S. Caldwell of Okla-
homa City who during the first adiuin-
stratlon was counsel to the governor
n charge of suppression of the liquor
trafllc. The bill was appended to his
I report to Governor Haskell just prior
to the administration change hint January.
from Tucson
The government is to build a tele-
phone system for the forestry service
of the Coronado forest reserve. The
first of these lines to be built out of
Tucson Is to be used into the Cata-
linas and It Is there that the sahuara
experiment is to be tried.
Where they can be found in what
approaches alignment so that the
line will not have a zig-zag too much
the sahuara up In the canons through
which the line will pass are to be
utilized for the purpose of attaching
brackets to which the wires will be
fastened. And so the secret Is out
Along the proposed line it is dif-
ficult to set poles owing to the rocky
nature of the country traversed. Not
only is this the case but It is dif-
ficult to get the poles up there in the
hills to set while the sahuaras are
right there in many instances and
while not at a uniform distance this
is not considered important.
Ivory In Siberia.
In view of the rapid disappearance
of the herds of elephants which for-
merly roamed In Africa and the lim-
ited number of those animals remain-
ing In Asia attention has been called
to the enormous supply of Ivory which
exists in the frozen tundras of Si-
beria and which it la thought will
probably suffice for the world's con-
sumption for many years to come.
This Ivory consists of the tusks of the
extinct species of elephant called
mammoths. The tii6ks of these ani-
mals were of great size and are won
derfully aboundant at -ome places in j
Siberia where the frost has perfectly
j'icacivBu lueni mm m many cases
has preserved the flesh of the animals
also.
Changed Her Mind.
A young couple had been courting
for several years and the young man
seemed to be in no hurry to marry.
Finally one day he said:
"Sal I canna marry thee."
"How's that?" asked she.
"I've changed my mind" said he.
"Well I'll tell thee what we'll do"
said she. "If folks know that it's
' thee as has given me up I shanna be
able to get another chap; but if they
I thing I've given thee up I can get
! all I want. So we'll have banns pub-
wished and when the wedding day
j comes the parson will say to thee
' 'Wilt thou have this woman for thy
wedded wife?' and thou must say 'I
win. And when he says to me 'Wilt
thou h. ve this man to be thy wedded
j husband?" I shall say 'I winna.'"
1 The day came and when the minis
ter asked the important question the
man answered "I will."
i Then the parson said to the woman:
"Wilt thou have this man to be thy
wedded husband?" and she said:
"I will."
"Why" said the young man furious-
ly "you said you would say 'I wlnna. "
"I know that" said the ypung
woman "but I've changed my mind
since." National Monthly.
A Valuable Man.
"Yes ho had some rare trouble with
his eyes" 6aid the celebrated oculist.
"Every time he went to read he would
read double."
'Tour fellow' 'remarked the sympa-
thetic person. "I suppose that Inter-
iciru nun uiu uuiuiug a pooa posi-
tion?" i "Not at all The gas company gob
blcd him up and gave him a lucrative
Job reading gas tneteis." Llpplncott's.
Stricken With Generosity.
A Scotsman brought his entire fam-
ily of seven to visit a relative in Lon-
don. They were ntertalned in a man-
lier that left nothing to be asked for
two weeks; theaters suppers cab-rides
about the city excursions Into the
country. The whole time McPherson
never put his hand ki his pocket tfi pay
for a thing.
When the family was going home
the Londoner and his cousin went Into
the buffet for a final glass. From force
of habit ho groped for his wallet; but
Sandy gripped his arm.
"Na na!" said he. "Ye've been verra
gude ta me an mine this fortnlcht
past. Mon we'll hae a toss for this
lasht wee nipple!" Success Magazine.
lilnie
vv (BM.
AND
THE WEEKLY
NSAS CITY STA
Both for Sl.OO
The Weekly Chieftain is
the oldest paper in this
part of the state and con-
tains the neighborhood
and county news editor-
ial comment and special
local matter.
The Weekly Star is that
paper of spirit and spunk
which will give unbiased
information about all is-
sues of the 1 912 Presiden-
j 1 h -v
tiai campaign it is
happy combination
JL X
a
of
progressive agriculture
and political news.
end $LOO for Both
TO
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VINITA ORLA.
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Marrs, D. M. The Weekly Chieftain. (Vinita, Okla.), Vol. 29, No. 17, Ed. 1 Friday, December 29, 1911, newspaper, December 29, 1911; Vinita, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc772711/m1/2/: accessed April 16, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.