The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1893-08-29

vi roInerWlSe, under tne ponce power o.
the State-uponits arrival insuch State
preciselyae other Intoxicating liquor
in the State is subject to such police
What is the meaning of the term
"upon it's arrival p' The respondent
insists that by this term is meant its
entrance within the borders of the
State. Thus it is prohibition of the
importation OF Intoxicating liquors
into this Stabe. That does not seem
to be withintsthe scope OF the Wilson
act. 1t provides ''for all fermented,
distilled -or.other Intoxicating liquors
or liquids transported into any State, y
and declares them notexempt from the
OF being introduced therein in original
packages orYOtherwise." 1t is clear
that the Wilson act deals with
liquors after their introduction within
the State. And therefore the word
arrival cannot be construed to be at
the border ofsthe State. Goods "ar-
rive" when they reach their destina-
tion. In the term is involved q cessa-
tion OF the transit. Goods shipped
from Virginiato Alabama can not be
said to arriveltn North Carolina, South
Carolina or Georgia. They "arrive"
when they reacL their destination in
Alabama.
On the other hand the petitioner
contends that the Wilson act does not
subject the imported package to the
operation of the police regulations of
the State untilt whole duty of the
carrier has been performed. That the
carrier does not perform his whole
duty until the goods are delivered.
That when the act uses the expression
upon arrival in such State" it means
when the delivery by the carrier has
been made. This position depends
upon the construction to be given to
this word arrival" Words used in a
statute not technical in their charac-
ter must be taken in their ordinary
signitication. Persons and goods ar
rive when they reach their destina-
tion. 1t Is proper,to say that after q
man arrives at city he goes to his
home therein, or to the home of q
friend, or to his hotel. Some goods
after arrival at their destination are
either delivered to, the consignee after
notice of arrival, or are hold until the
freight is paid, or G. o. D., or are
stored. The money for the freight or
the cash on delivery, cannot be demand
ed until the goods have arrived and be-
cause of such arrival, If the freight
be not paid, or if the cash on delivery
w NV II oaoSSuy VI UhS COuSlguC0 DO
not known or do not appear, these can
not in any way affect the arrival of the
goods or permit us @to say that they
have not arrived. The delivery of
goods is not an essential element of
their arrival at their destination.
Compare Benjamin on Sales pp. 1853, ,76O.
sections S73,874. The'same conclusion
would appear in using the analogy of
stoppage in transituss This right of
stoppage ends upon the delivery into
possession of the consignor. Says Ben
Jamin on Sale p. 1910, section -1245.
The vendors right of stoppage in
transitu is very frequently not ended
on their arrival at their ultimate des-
tinatiOn because of his retention of the
property in them." ~
The package in question upon it's ar
rival at Prosperity, in South Carolina,
came within the exercise of the police
power of the State. The next question
is, is this 25th section of the act of as
sembly, December, 1892, lawful ex-
ercise of the police power?
Examining this section we find that
it contains four distinct subdivisions.
1st. No person shall knowingly bring
into this State or knowingly transport
from place to place within the State by
wagon, cart or other vehicle, or by any
| ooiASh ihSdilo vi llOuC tparrlag6, a1V
Intoxicating liquors with intent to sell
| the same in this State in violation of
law or with intent that the same shall
be sold by any other person or aid any
| other person in such sale. III
IND. Any servant, agent or employee
OF any railroad corporations or of any
| express company, or of any persons,
corporations or associations doing bus
mess In this State as common carriers
VINO shall remove any Intoxicating
liquors from any railroad car, vessel
or other vehicle for transportation, at
any place other than the usual and es-
tabllshed stations, wharves, depots or
places OF business of such common car
rlers within some Incorporated city or
town where there is dispensary, or
who shall aid in or consent to such re-
mOval, &c. n
3rd. All such liquor intended for
unlawful sale in this State NAV be
seized in transit and proceeded against
as If it were deposited in any place.
4th. Any steamboat, sailing vessel,
railroad express company. or other
corporation knowingly transporting or
bringing such liquor into the State,
shall be punished, &c. Knowledge on
the part of any authorized agent of
such company, shall be doomed knowl-
edge OF the company.
Thus in every subdivision but the
second above set forth, there must
exist on the part Of the person charged
the knowledge that the Intoxicating
liquors were intended for sale. The
liquors to be seized must be intended
for sale. No private carrier or other
person can offend this section If he does
not know that the liquor is brought in
for sale. The liquor can not be seized
in transit unless 1t is intended for sale
The company transporting the liquor
into the State is punishable only wher
its authorized agent knows that itwas
intended for sale. This is in harmony
with oil the other parts of the act, the
purport and purpose of which Is tc
regulate the sale of intoxicating Ii
quors. This isplainly shown in the frs
section. The manufacture, sale, bar
ter. or exchange, or the keeping or of
fering for sale of any spirituous, malt
vinous, fermented or other intoxica
ting liquor or compound or mixture,
thereof by whatever name called
which will produce intoxication, by
any person, business, firm, corporation
or association, shall be regulated ant
conducted as provided in this act.
More than this no criminality is at
tached to the person receiving from
the common carrier the liquors mon
toned in the second sub-division of thi
25th section. But this second sub
division makes it criminal offense fo
one special class of persons. servants
employees and agents of q special clas