The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-04

Raleigh. ". C, Marcn 1.-The SUI
preme SQUIRT this evening decided =
most important case. that known as
the jug law" case Of Paterson (from
Durham) in which Paterson of Rox-
boro was indicted for sending whiskey
to one Guess at Durham. The point
was whether this was a sale at Rox-
bOro or at Durham. The court below
decided in Paterson's favor. The su-
preme court, Chief Justice Clark de-
livering the opinion n Justice Doug
las dissenting, reverSes his opinion
and decides that the place Of delivery
is the place of sale under Section 2
Chapter $40. Acts 1908, which explicitly
says that the place of actual delivery
to the buyer or to which the liquor
shall be shipped for delivery TO him
Shall be construed to be the place of
sale"
1t was contended hat this provision
was not effective, because this Section
2 is in statute entitled "An act to pro-
hibit manufacture. sale and importa-
ton of liquors in Cleveland. Cabarrus.
Mitchell n CASTOR counties" The
supreme court says h a formerly the
caption of an act vas not at all con
sidered to any extent whatever in con-
STRUNG, it out modern doctrine is that
when the language of the statute Is
ambiguous, the courts can resort TO Il
title as an aid in giving such act its
true meaning. but that this cannot be
lone where the language used is clear
and unambiguouS. This provision Is
positive in it's character and its opera
tsn~ oo~- H. -4-t-~> ~ 49,
reference to title. In sections of this
chapter. other than 1 and 2. there Is no
reference to the place in which the act
is to De operative and hence by refer
ence to the title they are to be applied
only to the 4 counties therein named.
Section 2 is specifically made opera
tive in the counties therein named and
is to take effect at a definite date and
Section 2 is mad operative as to the
sale of my s%pirituous or Intoxicating
liquors anywhere in the state n as
to them the title cannot be used to re-
strict Or extend the meaning of tire
explicit. cellar and ambiguous lam
guage used. 1t is further objected that
if the statute has this meaning If IS
unconstitutional, but no section is
pointed to which forbids the law-mak-
ing power to designate the place OF
sale. when the goods are shipped by IL
vendor by common carrier. The
courts ave held that the place of sale
is where the goods are delivered tn
the carrier. the latter being the agent
of the vendor. but this rule is compar-
atively modern, is not uniformly held
and is subject to many exceptions. 1t
is merely a rule of judicial construc-
ton, made in the absence Of legisla-
ton and is not protected by any on
stitutional form. The legislative body
has power to change it. Especially
can the legislature change such rule
in exercise of it's police power over
the sale of intoxicating liquors, when
as here it can be readily seen that
with the multiplication of common car
riers and the speed n ease with
which intoxicating liquors car be
shipped. it would be a vain thing to
prohibit the sale of liquor in any de-
signated territory if the vendors a
short distance off can at will, fill Or
ders coming from within the prohibited
territory, upon the judicial fiction
that the sale is complete npon deliver
ing to the carrier who is construed as
agent of the vendor. Upon a special
verdict the defendont Paterson is an
judged guilty.