The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1886-02-20
IMPORTANT DECIsIOx.
Tie Failure = Taxa oat Lissnss Ter he
Full Ansant :. stack VitisEss Izsur-
snes and otA1 Csatrtets.
Especial to CsmmereIal-uerald.I I

ss
Especial to Commeselal-Herald.l
Jackson, Miss, Feb. ia very
important decision was rendered
to-day BY the Supreme Court.
Twelve of the leading lawyers of
the State made speeches in the
case. 1t was made a test case, and
involves about thirty others.
Justice Campbell delivered the
opinion, the principle points made
being given below:
ave are called upon to deter.
mine whether one exercising the
privilege of keeping a store, with,
out paying the price and obtaining
license as prescribed by law. aud
effscting the insurance of the
stock of goods SO employed, can
recover on the policy in case of
their loss.
An answer to this question re-
quires an Interpretation of section
$50 of the code, which declares
that any person who shall exer.
else any of the privileges enumer.
ated, without first paying the
price and procuring license as
required by law. shall, on eonvic-
tIon, be fined or imprisoned, or by
both, and all contracts made with
any person who shall violate this
act in reference to the business
carried on in disregard Of the law
shall be null and void, so far only
as such person may base any claim
upon them, and no snit shall be
maintainable in fayor of such per
son on any such contract n f
The purpose Of the net is mani
fest. IL is to restrain those who
would enjoy tho privileges taxet
to pay the price and obtain licens,
By q twofold penalty, one being
fine or Imprisonment, or both
the other, disability to claim IN
der any contract made in refer
ence to the business carried on il
disregard Of law" li
The following is the main par
of the decision, and bears direct,
OH the question:
The court asks is policy of in
surnncc on a stock of goods in
store, carried on in violation 0
law, a contract in reference to th
business, aud answers. ut 1
made to cover such goods as ma
constitute stock when loss OF
ours; 1t is q contract for idemnit
against loss !; II grows out of tn
business; 1t pertains to ii an
concerns it it relates to II and
made for its success; il is impol
sible to disassociate ideas Of th
stock of a merchant and the bu
mess in which he is now engage,
Buying and selling consulate th
principal operations ofa merchan
!. but there are many accessorie
The iIlegality of the princip
things involves and effects the i
cidcnts. Shall it be said that IL
unlicensed dealer is incapacitate
to make an enforceable contra
to buy or sell goods, but he ms
| " b = ~ .HN
make one for their preservation
}. idemnity against their lossf Th
although they are being used fl
r profit in an unlawful business al
are kept for that purpose, a la
ful contract may be made for
demhity against their loss by
casualty incident to the business
! Although no enforceable contra
maybe made for their sale, oil
may be made for their consery
I ton or replacement, in order tn
they may continue to be des
with in the violation of lawi ]
permit'tbe unlicensed merchant
stipulate for protection again
loss OF goods BY a casualty iu
I dent to the business would be
allow him toacquire rights by &C
tract from an illegal business
: the face of the statute that deni
it. The statutory incapacity
, lates to all dealers with referen
: to the stock of goods kept
sale. The price Of the license
graduated with reference to I
: amount Of such stock, aud CO
' tracts pertaining TO 1t are what c
not be enforced. The scope of
: business of astore embraces
= purchase. care, preservation a
{ sale of goods, and the disability
+" the violater of the law extends
y all the operations of The busine
" He cannot claim the benefit of q
contract made In its prosecuti
u growing out of 1t and having re
u ton TO it."
Is The late Gen. Hancock was
D. much given to humorous decla
IS tions, says the Globe. Democl
g. but he said one exceedingly gt
thing in that line at Gettysbu