Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1904-06-30
Government WINS SUIT
AGAINST THE WESTERN EX.
PRESS co. FOR LIQUOR
LICENSE MONEY.

LICENSE MONEY.
In the liquor case of the U. S. gov
eminent against the Western Ex-
press Company which operates on
the 500 road. in this state, Judge
Amidon directed verdict against
the company in the sum of S3,038.
The company served notice of appeal.
The government claimed the COM
pany was engaged in the business of
wholesaling and retailing malt liquors
at stations mentioned in the COM
plaint and should Therefore pay the
regular liquor license. The Forum
says:
The express company. SO the COM
plaint OF the government alleges,
has been in the habit for number of
years past, of receiving G. o. D.
packages of liquor from dealers out
side of the state, conSigned to parties
at towns along their line, which
they delivered and collected for.
That the defendant company accept
ed consignments of liquor made to
their respective agents in this state,
with the understanding that the
liquor was to be dispensed to any per-
son who applied and was willing to
pay the cost of the booze and the ex-
press charges. 1t is reported that at
one station l6O one-eighth barrels
Of beer were received in this manner
by the agent. and at another station
300 eighths, which were disposed OF
to any person who appeared at the
office, assumed the name labeled on
the keg. and who would pay and sign
for it Heretofore the belief mas
been that the governments case
rested entirely On the straight ship
ment of regular G. o. D. packages.
There is something like ton of
written testimony in the shape Of
bills and receipts at the federal build
ing which will be used in evidence
in this case.
The story of the liability of the
express company for tn, payment Of
the revenue license in prohibition
North Dakota as told by thA evidence
is about as follows: Three years ago
the brewery interests of ST. Paul and
Minnesota concluded that they were
not making any money from their
shipments Of beer into prohibition
strongholds in this state, for the
reason that goodly portion Of the
amber fluid sent out was not called
for at its destination and that they
were compelled to forego the loss of
the beer or stand the expense OF hay-
ing it returned to them by express.
Beer shipments were quite an item
in the North Dakota business Of the
Weste and they did not care TO
lose them. The express company
informed the breweries that they
would protect them against loss,
stating tnat they would pay the cash
value of the beer in Minneapolis and
st. Paul, ship it as directed and all
that was not called for they would
return to the brewery representa-
tives and receive the proper rebate.
This, it is held. constituted sale in
Minnesota. The beer after being
received in the twin cities was ship
ped to North Dakota and re-sold by
the company's agents here, making
the company liable for the license.
There was testimony introduced to
the conclusion that there we're tictic-
ious names used, and that almost any
person who applied to the express
agents along the 500 could secure
beer by simply signing the tcticious
name Indicated on the shipping bill.
c. Alther, druggist at Harvey, it
was shown received ifty-fve cases
Of beer in thirty days, which would
indicate that he consumed on an
average of two cases per day, and
still he didn't appear to be much of
boozlogist. Attorney Bright OF Min
neapois and Ball, Watson & Maclay
Of Fargo appeared for the defendant
company and P. II. Rourke and Ed
ward Engerud appeared for the gov
ernment.