The American Issue (Oklahoma City, Okla.), Vol. 10, No. 11, Ed. 1 Sunday, November 1, 1914 Page: 3 of 16
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A The
American Issue
Volume X
Oklahoma Edition, November, 1914
Number 11
Oklahoma Law Does Not Permit a Person to Get a Gallon
Whisky, or Any Other Amount, Every Twenty-Four Hours,
or At Any Time
So long as Oklahoma does not prohibit the use
of liquors the interstate commerce laws of the United
States protects interstate shipments of liquor into
Oklahoma, excepting under the Webb law, all inter-
state shipment of liquor intended to be used for an
unlawful purpose is prohibited. Hence, any inter-
state shipment ot liquor may be seized immediately
upon its crossing the state line, and any person claim-
ing such liquor must file his claim in writing with tin*
magistrate who caused the same to be seized, and up-
on proof being made that such shipment was not in-
tended to be used for the purpose of violating the laws
of Oklahoma, the magistrate is required to turn same
over to the claimant, otherwise to order same to be
destroyed. Prior to the passage of Section 6, making
it “Urmia facie evidence of an intention to convey,
sell, or otherwise dispose of such liquors” if same was
in excess of the amount stipulated in Section 6, the
burden was on the state to prove such unlawful in-
tention in all cases, no matter what amount of liquor
was found. Since the enactment of Section 6 the
burden is upon the claimant to disprove the unlawful
intention whenever the amount of liquor is in excess
of such stipulated amount in Section 6. The unlawful
intention is fixed by law unless disproved by the
claimant. If the amount of liquor is less than the
amount stipulated in Section 6, the burden is upon
the state to prove the unlawful intention.
All this talk about the state having a law ‘‘that
permits a person to get a gallon of whiskv every
twenty-four hours” is just talk. There is no such law.
We herewith publish Section 6 in full. This is the
section that has promulgated all this idle talk about
Oklahoma having a law permitting a person to get a
gallon of whisky every twenty-four hours. All the
section does is to fix where the burden of proof shall
lie. on the state or on the claimant or defendant :
Section 6. The keeping in excess of one quart of any
spirituous, vinous, fermented or malt liquors, or any imita-
tion thereof, or substitute therefor; or any liquors or com-
pounds of any kind or description whatsoever, whether medi-
cated or not, which contain a much as one-half of one per
centum of alcohol, measured by volume, and which is capable
of being used as a beverage, except preparations compounded
by any licensed pharmacist, the sale of which would not sub-
ject him to the payment of the special tax required by the
laws of the United States, or in any manner permitting any
other person to have or keep any such liquors in or about his
place of business, or place of amusement, or recreation,
oi any public resort, or any club room; provided, however,
that the foregoing provisions of this section shall not apply to
bonded apothecaries, druggists or pharmacists, as to alcohol
purchased by them pursuant to the rules and regulations pro-
mulgated by the governor in accordance with the provisions of
the laws of this state; or the keeping in excess of one gallon
of spirituous, or one gallon ol vinous or more than one cask
of malt liquors or any imitation thereof, or substitute therefor,
nor more than one cask of any liquor or compounds of any
kind or description whatsoever, whether medicated or not,
which contains as much as one-half of one percentum of
alcohol, measured by volume, and which is capable of being
used as a beverage, except preparations compounded by any
licensed pharmacist, the sale ot which would not subject him
to the payment of the special tax required by the laws of the
United States, shall be prima facie evidence of an intention
tr convey, sell or otherwise dispose of such liquors; pro-
vided. further, that this section shall not be construed in any
way to legalize the keeping of such liquors for unlawful pur-
poses.
Governor Cruce Converted
Governor Cruce, of Oklahoma, announces his conver-
sion to woman suffrage. He says: “If the women had a
voice in the law enforcement, we would have no trouble
with the bootleggers and gamblers. Since there are so many
men in office that cannot be trusted, I am willing to leave
it to the women to elect the right sort of men. T have
• banged my mind on the suffrage question, and I am willing
to lend all the encouragement possible to the cause of
woman suffrage.”
Four years ago, when Governor Cruce was a candidate
for the office he now holds, the question of his stand on
the woman suffrage question frequently was propounded
to him. His answer almost invariably was that while he
could think of no logical argument against women voting,
lie was against it purely for sentimental reasons—he be-
lieved that women should stay at home and run the home
and not mix with political affairs. “I have done with that
sentimental reason,” he says, “and it was only sentiment, for
I have never found a real good reason for not giving the
women rights that men have in the matter of electing men
or women to office. They pay taxes, they read and study
more than we do the great questions of the day, they fight
liquor and other vices, they sit as officers in our temper-
ance and civic clubs, and there is no good reason under the
sun why they shouldn’t have the political rights of men.”-W.
C. T. U. Dept., The Advance Democrat, Stillwater, Okla.
Apricot Cider
( )nr attention has been called to the matter of
persons selling- apricot cider in ()klahoma. and that
people drinking same had become intoxicated. Re-
cently we had an analysis made of a sample of apricot
cider and found that it contained 8.43 per cent of al-
cohol by weight, or 10.47 per cent by volume. Wher-
ever this is sold in Oklahoma the parties keeping the
place are guilty of a felony and are subject to a fine
of $2,000 and five years in the penitentiarv.
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Cherrington, Ernest H. The American Issue (Oklahoma City, Okla.), Vol. 10, No. 11, Ed. 1 Sunday, November 1, 1914, newspaper, November 1, 1914; Westerville, Ohio and Oklahoma City Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc942243/m1/3/?q=technical+manual: accessed July 1, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.