The Sunday Oregonian. (Portland, Ore.) 1881-current, November 12, 1916, Section One, Page 14, Image 14

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Prohibition Workers to Ask
Legislature for Drastic
Means of Enforcement.
K. 9. . :-.:x
Express Companies to Continue De
liveries as Tsual Until District
Attorney Says Amend
ment Is Effective.
Although the bone dry prohibition
amendment prohibits only the impor
tation into the state of liquor "for
beverage purposes," the Union Dry
Committee, which campaigned for and
was responsible for the framing and
passage of the measure, probably will
auk the Legislature for supplementary
legislation making possession of liquor
'for beverages purposes" illegal.
J. Sanger Pox, state chairman of the
Prohibition party, and member of the
Union rry Committee, is authority for
this statement. Mr. Fox said- yester
day that the committee has not as yet
decided upon any definite course of ac
tion, but that in general it would cer
tainly ask the Legislature "to give us
h real, drastic law that will stand all
tets before the courts."
Mr. Fox expressed the opinion that
to meet such tests, any supplementary
legislation, adopted would necessarily
have to deal with the possession of
"While we are not ready yet to out
line for publication our idea -of just
what supplementary legislation should
be." he went on to explain, "there' are
two courses of action that suggest
themselves as the logical means of
dealing with the problem.
"One would be to follow the Idaho
law, enacted by the Idaho Legislature,
which prohibits the keeping of liquor
in stock by any person in the state.
Another Phase Suggested,
"Or; the law we shall ask the Leg
islature to enact might have an en
forcing clause providing that to have
liquor in possession shall be prima
facie evidence of its illegal importa
tion. "If it is unlawful to ship in or manu
facture within the tate any liquor for
beverage purposes, it certainly would
teem to be the logical thing to pro
hibit its possession. In fact, one pur
pose in placing the bone dry amend
ment on the ballot was to obtain from
the people an expression of their will
in that regard."
As to whether the Union Dry Com
mittee or the Prohibition party will
take steps to insist on the enforcement
of the bone dry amendment before the
Legislature meets, Mr. Fox said be was
not in position to state.
"That matter is now under consid
eration," he said. "It is still an open
question- The important thing is that
we now have an expression of the will
of the people against the importation
and use of liquor for beverage purposes,
for if they are against its importation
for beverage purposes they naturally
are against its use for the same pur
poses." ,
Shipments Now Continue,
In the meantime there is this mite
of comfort for the thirsty citizen: Until
after the official canvass of the vote
and a proclamation by the Governor
declaring the bone-dry amendment in
effect, the express companies will con
tinue to accept and deliver liquor ship
ments under the restrictions of the
present prohibition law.
Which is to say that for probably the
next three or four weeks those desir
ing to send for the two '"quarts of
spirituous liquor -or (not and) 24 quarts
of beer allowed in each 28 days under
the present prohibition law, will receive
their shipments unless unforeseen de
velopments arise.
"Our knowledge of the bone-dry
amendment and its workings is vir
tually limited to what we have read
about it in The Oregonian," said A- A.
Peterson, general agent of the Welle
Fargo Express Company. "We have
taken up the matter with our attorneys,
who say practically the same thing.
Nobody lems to know just what the
status or the law will be.
"In the meantime, no one has noti
fied us we are not to deliver liquor
shipments in the prescribed quantities
under the present law. In j fact, I
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don't know that we have any author
ity not to deliver them.
"We are awaiting the official canvass
of the vote and the proclamation by
the Governor, and pending this proc
lamation or advices from the District
Attorney we are going ahead with de
liveries as before."
J. W. Hanseiman, chief clerk at the
office of the Great Northern Express
Company, expressed the same view.
"We are advised that the vote must
be canvassed and the Governor must
make a proclamation before the bone
he said, "and that we will be notified
by the District Attorney when to stop
making deliveries. Until that time we
are delivering Just as before."
J. A. Hansen, chief clerk for the
American Express Company in Port
land, said: "We haven't been advised
otherwise, and are making deliveries
as usual until we are advised differ
ently." Ex-Governor Oswald West, who as
chairman of the union dry committee
had an active part in framing the bone
dry amendment, placing it on the bal
lot and campaigning for it through
the state, made the following state
ment last night relative to the mean
ing and legality of the amendment:
Our constitution as amended will prohibit
the importation into and the manufacture
or sale within our state of Intoxicating
liquors except for medicinal purposes upon
prescription of a licensed physician or- for
scientific, sacramental or mechanical pur
poses. Those sections of our liquor law which
permit a person to receive for beverage
purposes two quarts of whisky and li4
quarts of beer every 28 days will become a
dead letter and will give way to amended
sections providing; penalties for violations
through importation.
The cry from certain quarters that there
Is danger of the new amendment being held
unconstitutional is far-fetched and without
merit. In drafting the measure the advice
of the Attorney-General was followed, and
a careful study of the situation since it
was placed upon the ballot has convinced
its friends that his views were sound. Not
a single question has been, or can be, raised
as to the constitutionality of the amend
ment which cannot be met by slight amend
ments to our existing laws so as to insure
complete harmony with the Webb-Ken yon
The old and new amendments are per
fectly clear, mean Just what they say and
wh.-n supplemented by the necessary legis
lation will s'-ve the people Just what they
voted for a dry state. No prosecuting of
ficer who has a sincere desire to enforce
the law need lose any sleep worrying over
imaginary defects.
The matter of supplying supplementary
legislation is something which should be
left to tho direction of the Attorney-General,
who should have the advice and assist
pi J '
mttitfrriticwwmfMi& .n?' rvwr -niiftM ifttVi.tr1 f atnriisMi i iin--iinmm ii... .V..lnd
ance of the District Attorneys, as romny of
these officials know Just what is needed
to meet the situation.
Existing: Amendment Chanced.
The existing prohibition constitu
tional amendment, article 1, section 36,
which is supplemented by the prohi
bition law enacted previously reads as
"From and after January 1. 1916, no
intoxicating liquors shall be manufac
tured or sold within this state, except
for medicinal purposes upon prescrip
tion of a licensed physician, or for sci
entific, sacramental or mechanical pur
poses." The new bone-dry amendment, as
section (36a), is inserted in the original
amendment, as follows:
"(36a) No intoxicating liquors shall
be imported into this state for beverage
The remainder of the amendment
reads Just as before, in the following
"Thi3 section is eelf-executing and
all provisions of the constitution and
laws of this state, and the charters and
ordinances of all cities, towns and other
municipalities therein. In conflict with
the provisions of this section, are here
by repealed."
A. K. Clark Gives Opinion..
Another lawyer. A. E. Clark, ex
pressed the opinion last night that the
use of the words "for beverage pur
poses" will not make the law easy to
evade, as has been feared.
"Of course it may have to be deter
mined by the courts," said Mr. Clark,
"but I have given the bone-dry amend
ment some study and I don't think that
there is any substantial loophole for
evasion of the law, if any.
"Taken in its popular sense, the word
beverage means to drink for pleasure
or to quench thirst. In other words,
'for beverage purposes' simply means
for drinking purposes. The old law
absolutely prohibits the manufacture
and sale of liquor in the state, and
permits under certain safeguards im
portation of liquor for beverage pur
poses. As I view it, the bone dry
amendment only changes the law so
liqu'or can't be imported for beverage
"This will be all the.easier to en
force, as I view it, because in order
to be able to import liquor under the
new law for medicinal, scientific, sac
ramental or mechanical purposes, the
person desiring to Import it must first
prove that he requires it for .one of
those purposes. The burden of proof
is npok him and not upon the state."
Mall Order Firms lilt.
However the measure is finally con
strued, its enforcement in prohibiting
importation of liquor for beverage pur
poses will put a great, big crimp in the
business of certain San Francisco mail
order houses, as well as that of the big
mail order house at Kornbrook, Cal.
Just how big a crimp this will be
may be judged by a glance at the fol
lowing table, showing the number of
affidavits of liquor importations and
alcohol purchases on file in the County
Clerk's office, as required by law, for
each month of the dry regime, begin
ning with January of this year, when
the prohibition law took effect:
Orders for l,lquor Importations.
Liquor. Purchases.
January 7S4 ISo r'c'rd
February 8.31T 6.8.16
March 6.6i0 8.03(1
April 8.6:i S.10U
May 10.377 8.4'.'9
June 11 SS7 8.700
July 14.0S9 11.303
August 13.1'SI lO.Sl-J
September 15.243 12.075
October (estimated) 17,500 ll.Ouu
Law Pleases Chief Clark.
Chief of Police Clark said yesterday
that he is glad the bone dry amend
ment has carried. He declared it is
bound to make things easier for the
police and harder for the bootlegger.
"I don't think it will be difficult to
enforce." . said the Chief. '"Right now
there is every opportunity to import
liquor and start in the bootlegging
business. Yet you'll notice that the
police keep them pretty well cleaned
out. They don't do business long, as
it is.
"When the importation of all liquor
Is stopped there will be fewer boot
leggers for the simple reason that they
can't get the stuff. Those that do
well, we'll 'tend to them. Our trou
bles will certainly be less under the
new law."
Now that the bone dry amend
ment has carried, it is interesting
to know how it happened to be
framed and placed on the ballot.
It was the anfwer of the prohibition
party to the filing of the brewers"
amendment. The decision by the pro
hibition party to initiate an absolute
prohibition law wan taken after con
sultation with ex-Governor West and
Attorney-General Brown, and was in
dorsed by the Women's Christian Tem
perance Union, the Women's Prohibi
tion Club, the Portland Ministerial As
sociation and the Anti-Saloon League.
V1!11''''1" jr"'''" ' "' ' n awaits tboae wno try '-''"i . i-'
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V. ''yZ"' r K r ose! nslqse as- I vV-V :''.-'':
i-'vVV T'" r a" aortmeat f dipped I 'i'-r-'-'s."'..i'.? '
Xaf dsiltl.' Sold la l'CV?A;i 'i
'V.'''V basdr.ome red and I v'.'; S:.
y.V-v''W r & f arold boxes contain- '-VC '--1
. ; .tt-V-?'?-"'.' I fi m sail to five VY iy.
rkZh pounds each, at ON'K w'V.-iCV
Amendment Repeals Dry Law
Passed in 1914.
Proclamation to Be Made if Way
Can Be Found to Enforce Meas
ure Without Enabling Act
From Special Legislature.
SALEM. Or.. Nov. 11. (Special.)
Oregon will go totally dry December
1, If means are found whereby violators
of the new prohibition amendment to
the state constitution can be punished.
Governor Wlthycombe announced to
day. If it is found, however, that the
"bone-dry" amendment cannot be en
forced, because it lacks a penalty
clause. Governor Withycombe will not
issue a proclamation putting the
amendment into effect until the Legis
lature meets and passes an enabling
act. fixing a penalty for violations.
With the assurance that the total
prohibition amendment has passed,
state officials here today began to dis
cuss the various possibilities which may
result from its becoming effective.
Under the constitution, the amendment
will go into effect as soon as the Secre
tary of State completes the canvass of
the vote and the Governor issues a
proclamation declaring It in force.
Governor Plans Precautions.
Secretary of State Olcott said today
that the official canvass wouM be
made as soon as the official returns
were received from the different County
Clerks of the state. He estimated that
all returns would be received Decem
ber 1.
Facing the fact that the new prohi
bition amendment carries no penalty
for Its violation. Governor Withycoi.' e
declared today that he intended to take
every precaution to prevent any viola
tions until the Legislature should meet
and take the necessary action.
When it was suggested to the execu
tive that if he should ii-sue his proc
lamation immediately upon the can
vass of the vote on the amendment by
the Secretary of State that a hiatus
in its enforcement might result un .1
tho Legislature took action, he said
he would delay issuing it until the
Legislature met. if it were legally pos
sible. In this way. the Governor L
lleved the present prohibition law
could be operated until legislative ac
tion could be taken.
"I am determined to protect the
state." said the Governor, "and if It Is
found the new constitutional dry
amendment cannot be properly en
forced until the Legislature fixes a pen
alty for its violation. I will delay is
suing my proclamation, thereby keep-
XW-je- X-'?7V mi a. ii 1 1 i
nLJIl is mil i i tuBMSaa
Will Need
a T ITTf At!
K -f 11 I I h I lll l
In time of peace prepare for war.
Attend to your teeth before the cold
winds compel you to.
You want the best service obtain
able and it awaits you at my office.
I give you my personal attention.
Prompt service. Moderate prices.
Painless Extraction of Trctb.
Northwest Corner Sixth and
Washington, Northwest Bulldine.
Phones Main 2110. A 2119.
Office Hours 8 A. M. to P. M.
Consultation I-'ree.
Ing the present prohibition law in
The "bone-dry" amendment simply
provides that no liquor shall be shipped
into Oregon for beverage purposes, and
repeals all acts in conflict. Under the
present dry law intoxicating liquor can
be shipped into the state in limited
amounts. When the new amendment
becomes effective, the present law gov
erning liquor shipments will be inval
idated, in as far as it conflicts with the
new amendment.
Should Attorney-General Brown de
cide that the Governor must issue his
proclamation immediately after the
vote on tho amendment is canvassed,
the only remedy to prevent unreslricted
importations of intoxicants, it is de
clared, would be for the Governor to
call a special session of the Oregon
Legislature to pass the necessary leg
islation fixing a penalty.
Sperlal Session Considered.
"In regard to calling a special session
of the Legislature to make the new
constitutional amendment effective. I
have not given it much consideration
as yet," said the Governor. "I want
to make it plain, however, that I shall
take every step possible to see that the
dry law is properly enforced. I intend
to consult with Attorney-General
Brown before I take any definite ac
tion." In case of legislative action to en
force the "bone-dry" amendment by
fixing a penalty for Its violation, and
delay by the Governor In Issuing a
proclamation until such action had been
taken, it Is declared the enabling act
would have to contain an emergency
clause to make it immediately effective.
Thete an a time when tho Turkish Gov
ernment Imposed the dt-sth penalty on per
sons csuclit trying; to smuggle out of th
emplnt the best breed, of Angora goats.
as a result of careless diet or
neglect of the Stomach, Liver
and Bowels, make a change im
mediately. Do not deprive your
body of ,the proper nourish
ment and stamina needed to
maintain health and strength.
Help the digestion, aid Nature
in keeping the liver and bowels
regular with the assistance of
It is excellent for
Teach Your Children
How to Fight Off the Attacks of Deadly
uise&se uerms.
need 20 drops to a class of hot
ter as a mouth wash and throat Rar-
srie is practically positive safetv.
I-Njllow directions in booklet packed
into all cartons.
For Sale at All Druggists
Insist on Genuine in TIED CARTON'S.
Prevents Barber's Itch
Have your barber apply Benetol and
Benetol Ointment and you will be safe
from t-ontasrion and Infection common
to public barber shops.
For sale at all dnifreisti in original
RKD Cartons.
nothing as Good
hsve ft bottle
handy, one simp
le tet lil prove
Its remarkable
healing Quality.
s lay a v a Fallamj
Try It as directed for treating
stubborn old sores, ulcers, carbun
cles, cuts, burns, wounds of any kind.
For sale at all druggists in origi
nal ited Cartons.
Like it On
the Market
For Colds In
Head, Isasal Ca
tarrh, Catarrhal
One simple test
will convince
"'!J '.l-?'!:i !i!-Hj;".iiNMTi
Catarrh Jelly
absolutely rvlthout equal, pleasant and
effective. The only powerful antl'eptlo
and germicidal ca;arrh Jelly ever offered.
:-old at all druggists in 25 cent
tubes, packed with full directions ia
Red Cartons. Try lu
Tooth Cream
The first dental necessity ever of fernl
the public that Is a real destroyer of
germs by actual test.
I-'or alr by All TlruKsrlstM in -"r
i'alHra In Km! 1 arliia.
Drink it
Gargle with it.
A test will prove
Its remarkable)
Jilmaym fottom
jped Internally as directed In book
let packed in all original red cartons.
rives permanent and positive relief
from indigestion, gas on the stom
ach, lower bowel troubles, casiritis.
catarrh of the stomach, ulcerated
stomach, sore throa, biliousness,
ptomaine poisoning and similar ail
ments. For sale at all druggists
Insist on Genuine In Red Cartons.
mvamiu i, nun.. i ,mwim
is the one great truth lu medicine, re
sults prove It. Every claim, every
statement, every promise, every word
publinhed concerning ttie wonders of
Benetol. haa been "Truth in Advertis
ing:." Benetol is not a "patent medicine.
It is not & "cure all. it is a healinK
agent that kills germs, and the only
reason that it is good for so Si any ail
ments Is the simple reason that so many
ailments are caused by germs.
For sale at all druggists.
Insist on genuine In original K-d Car
top. Knll dlrtTiors 1n p.-tfti rufknec
should use it for
personal cleanli
ness instead of the
poisonous kinds.
It Leaves No
Objectionable Odor
J3la?ays fottom
instead of carbolic acid, bichloride of
mercury tablets, iodine, etc. whlclt
are deadly poisons. Benetol does all
their work better, and is harmless as
ordinary salt.
For Sale At All Druggists
Ii slst on Genuine In RED CARTONS.
Sa f?sn& 0