Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-02-26

The Recent Important Liquor Decision
The Law Fully Sustained

The text of the recent important decis-
ion of the Supreme Court of Vermont, de
livered by Chief Justice Royce in the cases
of the state vs.. John O'Neil and State VS..
certain packages of intoxicating liquor,
heard at the last general term is printed
in the McsseHdcr. ONeil was Il Rutland
liquor seller, who finding the business
Improbable in Rutland after several con
victlons under the prohibitory law, moved
to Whitehall, whence he supplied his Yer
mont customers, sending them their jugs
and demjOhns of whskey by express G.
o. ID. O'Neil was arrested in Vermont, a
carload of liquor seized in the express
office, about Christmas time, and upon
trial O'Neil WAS convicted of an immense
number of Illegal sales, and was fined
about $1,000 and sentenced to 90 days in
Jail, while the liquor seized was con
demned. His lawyers appealed his case
and carried it to the court of last resort,
with the result that the court affirmed the
decision of the County Court on all points,
one point raised was whether the sale
was made in Rutland or Whitehall. On
this point Chief Justice Royce said
The liquors We're ordered by residents
of Vermont from dealers doing business
in the state OF New York, VINO selected
from their stock such quantities and kinds
of goods as they thought proper in com
plauce with the terms of the orders, put
them up in packages, directed them to
the express company as Il common
carrier for transportation, accompHn-
led with Il bill, or invoice, for
collection The shipment VA, IN each
instance, which it is necessary here to con
slider, sc. q. d. - and the cases SHOW tnat
the effect of he transaction was Il direc-
I ion hNt h.. Sl1i NJ tn h4
pany not to deliver the goods TO the con
Signees except upon payment of the
amount specified in the c. y. ID. bills, to
gether with the charges for the transpor-
tatiOn of the packages and for the return
of the money pad. This direction was
understood by the express company, which
received the shipments coupled there
with.
The goods were entrusted to the carrier
to transport to the place of destination
named, there To present them for accept
ance to the consignee, and If he accepted
them and paid the accompanying invoice
and the transportation charges to deliver
them TO him otherwise to notify the con-
sIgnors and hold them subject TO his order.
1t is difficult to see how Il seller could
more positively and unequivocally express
his intention not to rellnqulSh his right OF
property or possession in goods until pay
ment of purchase price than by this
method of shipment. We do not think
the case is distinGuishable in principle
from that of a Vender who sends his clerk
or agent to deliver the goods, or forwards
them to- or makes them deliverable upon
! the order of his agent, with instructions
not to deliver them except on payment OF
| the price or performance OF some other
! specified condition precedent by the ven
/ dee The vendors made the express com
4 pany their agent in the matter of the de
| livery of the goods, with instructions not
| to part with the possession of them except
upon prior or contemporaneous receipt OF
the price The contract of sale therefore
remained inchoate or eXecutory while the
goods were in transit or in the hands. ol
the express company, and could only be
come executed and complete by their de
livery to the consignees. There was
completed eNecutory contract of sale il
New York, but The completed sale was, ol
was to be- in this state.
Various authorities tor this decision ar,
cited. Another point was that the section
under which the seizures We're made il
unconstitutional. On this and othe
points the court says
This section gives the officer power t,
seize without warrant liquor found unde
circumstances Warranting the belief tha
it is intended for sale or distribution con
trary to the provisions of chap, l69 K. l.
1t does not purpOrt to confer the pO wero
search nor does anything appear to shoN
that the officer assumed to exercise sue