The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-11
HAVE We ANT|-JUG
LAW?
QUESTION to be Argued in
the Supreme. Court
To-day.

Today in the Supreme Court the Jug
law case from Durham, State v. J. C.
Patterson, will be argued by the attorney
general and Messrs. Manning and Fou-
sbee for the State, and Judge r. W. Win
stem and Mr. Victor S. Bryant for the
defendant
This is regarded as the test case on the
question of whether chapter $40 OF tie
public laws of 1903, making the place Of
delivery of intoxicating liquors the place
c. sale, applies to the entire, or only to
the counties OF Cleveland, Cabarrus, Nit
chell and CASTOR, mentioned In the title
OF the act and in section of the act. In
other words, the decision of the Supreme
Court in this case will determine the
at present vexed question of whether o.
not we have jug-law in this State.
It vitally concerns Raleigh, for if this
law applies to the whole State, then no
person or firm outside of the city can
ship any kind CT liquor or Intoxicating
drink to citizen of Raleigh. That is.
the dispensary, and the dispensary alone,
would be the source of supply of the
fiery fluid for those who indulge.
Judge C. NJ. Cook, presiding over the
January term of the Durham Superb )r
Court decided 70 rthe shipper of the
liquor into Durham, and found Patter-
sen not guilty upon the special verdict
OF the jury, who were unable to deter
mine the question.
Judge George H. Brown at the JanuGty
term Of Wake Superior Court, held sthe
opposite view IN case from Wake For
est. He considered that the act in ques-
ton applied to the whole State.
The following is the special verdict OF
the jury in the Patterson case, which en-
bodies the facts:
Frank Guess lives in the city of Dur
ham, Durham county, State Of North Car
olina, and he, on the 9th day of January,
1904, sent an order by. mail. accompanied
by 81. to the defendant j. C. Patterson,
1T Roxboro y. c., for one gallon of spirit
ucus LIQUORS, which he, the said Guess,
directed 70 be sent to him at Durham,
n. c., by express. The said spirituous
liquors, wit, corn whishey. is intoxicat-
ing, and was shipped by the defendant
on said order on January 9, 1904, to the
said Frank Guess ct Durham, n. c.. the
said whiskey being shipped from Roxboro,
y. c., to Durham, n. c., over the Norfolk
and Western Railway Company by ex-
press, the charge fer said express being
prepaid by the defendant at Roxboro, ~
g., and the said spirituous liquors was
delivered TO the said Frank Guess in Dur
ham, North Carolina; that the said Frank
Guess was not at said time druggist.
nor was said spirituous liquors sold to
him UPON the written prescription of
regularly practicing physician.
The defendant was not druggist, but
IS engaged in the business Of retailing
llruor in the town of Poxbero, N c.,
ard was. on the 1es day OF January 1904,
granted license by the governing authori-
tivs of the town of Roxboro and by the
Board of County Commissioners of Per
yon county to sell by retail spirituous,
Nlnous and malt liquors in the town of
Hoxtoro. Person county. n. c.. for six
months in all respects according to law.
That at an election duly called and Tegu-
larry held in the city of Durham on the
3rd day of November, 1908. the majority
~ the votes cast lat said election were
against saloons and against distilleres.
And the result of said election was duly
declared and published. The said election
Was called and held under the provisions
OF chapter 233. of the Laws of North Car
olina at the session of the General Assem-
liz of said State III the year 1903 RIA;
on the said Bird day OF November, 1903,
ibid OH the said 9th day of January, 1904,
The attendant j. G. Patterson had no
license from the Board OF County Commits
sicaers of Durham or the governing au-
thorities of the city of Durham TO sell
spirituous, vinous or malt liquors in any