The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1890-05-03

AABAAS NAtAhh Wv OhAb VI AtiO ltitl- :
tion OF the innkeepcr aud his
guest, The carrier and the shipper,
the pawnbroSur and SO on, II did
frequently become necessary In
order to determine the conflict
between private persons asto their
real right, to investigate the ques-
ton of delivery or what was
claimed to be the delivery of the
goods, but the ldea of pressing
INTO service, technical and al BIZ
trary rules, which the exigency
of commerce has established, to
determine private rights, Cor the
purpose of shielding an outlaw,
who shamelessly admitted IN open
court, that he had taken counsel
to beat the law, and defeat pub.
lie policy shaped for the sole pur-
pose of protecting the public
against debauchery and crime, Is
a spectacle for men and angels to
behold IN wonder. Let the case,
however, speak for itself.
Pearson owned liquor saloon
II Memphis, Tenn. He went
down to Pamela Co., Mss, which
had recently put in force. by vote,
prohibition, under the local
option law in that county, and on
the streets of its priaclpAl towns
"drumned for his business; dis
played his samples and took
or lers right and left. La his tes-
timony before The court that trled
him, he stated IN saloon veruacu-
lar that he worked tile racket
for all 1t was worth, selling for
cash or on credit; sometimes col
loctug before delivery; some
times after. The parties TO whom
he sold, however, were always to
pay the freight. Now this was
the whule case. Tho saloon
keeper and The purchasers both
stood on the soil of Panola county.
They chlpp=red, they sampled,
they agreed OF the price The
purchaser pad, or agreed to pay.
The seller pockeied The money,
or charged UP the goods. The
whisky was delivered by tho Ex-
press Company. But the Su-
preme Court held this was not a
sale, and 1t Is supposed it must
have held, also, that 1t was no
part Of the sale. 1t was putting
the whisky on board the cars that
made the sale, See.
Take the Kohlburner case from
Pike county.
After d contest in Missl ssIppi
when was hand to hand all over
tina State ond which resoundec
! from one end Of the union TO the
! other, the PfohibitIoGists elected
majority IF the members of the
! Legislature, and the LocaI Option
! law framed by its leaders aud
published before the Legislatur,
met, as promulgating and shap.
ing a great public policy, was
passed and became the law Of tn.
q land. We are close III time tC
+ the struggle that preceded 1t arc
r the great rejoicing that followed
1t. The field of battle was water
/ ca with the tears OF women anC
: children.
5 Five days after the passage o.
this bill, which conferred upoT
: the people the right to put 1t II
s force, and which with carefully
G selected phraseol9gY, selected be
e cause 1t had passed the fiery or
Y deal of the Supreme Courts o
! half a dozen States, absolutely
g for BID the sale or the giving ava,
t to secure trade any and all sort
e of Intoxicating liqnors-fve day
c it is repeated, after the passag,
it of this law, the Legislature pass
f ed an amendment TO Section ll12
: Code of 1880, which section regu
e iates the manner OF obtaining
i license to retail.
II 1t was known, of course, tha
d the revolution which had swep
n over the State. had not effected {
change of sentiment in some o
a the countries, and that, as to them
t license would continue to Issue
n 1t was foreseen that while SOM
# would prohibit, others would con
y tinue to tolerate the sale OF vlnou
= and spIrituous liquors. The Leg
Ie islature, therefore, worked o.
IS both lines. Addressing itself +
Ie the policy of sales, IT amende
: the section ( ll12) regulating, a
l. stated, the manner of obtaIuln
il license. and exempting naiiY
+ wines from the scope of the lay
q and the formalIties needful I
n their sale. To show that th
q Ley slature had respect TO th
local ontion law, which migh
( thereafter be put into force, !
E, any. county, by vote Of th