The American Issue (Oklahoma City, Okla.), Vol. 7, No. 7, Ed. 1 Saturday, July 1, 1911 Page: 3 of 20
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VOLUME VII OKLAHOMA EDITION* JULY, 1911
NUMBER 7
The New Law
In April, we published in the Oklahoma Issue, the
prohibiton law, including the new law, which is now in
force. In June we again called attention to the new law
and reprinted three sections thereof. We again publish
a brief synopsis of some strong features of the new law,
and would suggest that you call attention of your peace
officers to same, as the law not yet having been officially
published, your officers may not be familiar with same.
Sec. 4. Makes it unlawful to have or keep more
than a quart of liquor about one’s place of business,
amusement, or any public resort. Under this section it is
not necessary to prove a SALE, but only necessary to
prove that a person had on hand more than one quart of
liquor. It ought to be easy to get conviction under this
section.
Sec. 5. Makes it unlawful to HAVE or KEEP at
his residence more than one gallon of spirituous, or one
gallon of vinous liquors; or more than one cask of malt
liquors. The same observations apply to this section as
to the preceding.
Sec. 6. All express and railroad companies shall
keep a separate book in which shall be entered the name
of the person to whom liquors are shipped, amount and
kind of liquor, date when received and delivered, with
blank space in which consignee shall sign his name before
delivery. This book shall be open to the inspection of
any state, county or municipal officer during business
hours. This ought to make it easy to locate parties re-
ceiving liquor. In the article published below by Jas.
W. Smith, county attorney of Washita county, is de-
scribed one method by which this section is being used
effectively.
Sec. 7. Makes it unlawful to break open and divide
any shipment of liquors, or for any express or railroad
agent to permit it to be done upon premises controlled by
such companies. This will prevent railroad companies
storing liquor on their premises, as has been done in
many places heretofore.
Sec. 8. Provides for special enforcement officer
with power to appoint deputies who shall have the power
and authority of sheriffs throughout the state. The pro-
visions of this section may be used to good effect where
the officers fail to do their dutv.
Sec. 17. In all cases where the judgment of the
court includes imprisonment as a penalty for violating
any of the provisions of this act, the sentence shall in-
clude and mean “AT HARD LABOR.” This will be
effective in enforcing the law, for if there is one thing
above another that a bootlegger despises, it is work.
Sec. 18. Provides that for third conviction, defend-
ant shall be imprisoned IN THE PENITENTIARY not
less than one year, nor more than five years. When boot-
leggers are put upon the rock pile and forced to labor,
and old offenders are sent to the penitentiary, the sale of
liquor will soon be reduced to the minimum in this state.
Below will be found extracts from a letter written
by Jas. W. Smith, county attorney of Washita county,
which was published in the Cordell Beacon June 8. It
looks as though this county attorney means business and
we wish him success.
Cordell, Okla., June 7, 1911.
To Whom It May Concern:
I am now pledged to support and enforce all criminal'
laws of the state, the violations of which may be committed
in Washita county, Oklahoma. I feel that my friends, to
whom I owe my thanks will help me, and my enemies, if
any, cannot prevent me.
In pursuance of this pledge and the power vested in me
by law 1 have requested the freight and express agents of
various and sundry railroads of this state to give me a writ-
ing, over their certificate and name, the kind and quantity of
spirituous, vinous and malt liquors ordered by, and delivered
to various and sundry persons, beginning the first of March,
1911, and ending May 26, 1911. Requesting them to give me
the day and date of the shipment of each parcel. The kind
and amount of which and for whom ordered and to whom
delivered.
Some of these agents to whom I owe many thanks have
promptly responded and have given me much valuable infor-
mation. I now have in my office information of more than
two hundred and fifty (250) persons in Washita county who
patronize foreign liquor dealers, to whom they pay a large
amount of money. Some of those persons who order these
liquors have ordered as much as forty-eight gallons of beer
and sixteen gallons of whisky in thirty-five days, being about
two gallons per day. This is too much whisky for a Washita
county man to drink.
From and after this I will expect a monthly report from
the freight and express agents of the railroad companies, and
will in the future be able to show to the public the name and
residence of each person who orders and buys this stuff with
which they are liable to violate the prohibition law.
All railroad agents who fail to report by request, will
sooner or later be brought before the court of inquiry with
their books. It is under the law made my duty to learn these
facts. I can and must know them.
We believe our friends will be interested in a de-
cision recently made by our court of appeals, opinion by
Furman, presiding judge. The case was a petition for
mandamus brought by J. P. Crawford vs. Geo. W. Fer-
guson. county judge of Blaine county, to disqualify the
judge from trying a case in which Crawford was being
prosecuted for bootlegging.
It seems that at Watonga, in Blaine county, boot-
leggers were openly violating the law, and an organiza-
tion was effected for the purpose of aiding the officers in
enforcing the law, and as other communities are doing
likewise, they will be interested in knowing that so long
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Cherrington, Ernest H. The American Issue (Oklahoma City, Okla.), Vol. 7, No. 7, Ed. 1 Saturday, July 1, 1911, newspaper, July 1, 1911; Westerville, Ohio and Oklahoma City Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc941925/m1/3/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.