The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-08
TUESDAY, MARCH 8 1904.
THE ANTI-JUG LAW.

North Carolina is now subject TO Al
santi-jug law" that applies TO tnt
whole state, the place of oliver Of
intoxicating liquors being construed 70
be the place of sale. h effect beiDG
that no distillery located in the stats
can ship i~ntoxicants to any part Wltnln
the state that has prohibition or dis
Densary laws. but any distillery I'm any
and all other states Of the union can
ship anywhere they please in North
Carolina without regard TO either pro-
hihition or ~dispensary laws.DGreenV1'le
Reflector.
1t strikes us that two important
questions are likely to be raised re-
garding this anti-jug law which the
supreme court has just declared ap-
plies to the whole state. though the
lawyers may say there is nothing in
them.
In the first place this law prohibits
the sending or shipping into any terri
tory in this state in which prohibition
prevails or q ~dispensary is established
of intoxicating liquors from n other
point in the state. 1t "a be shipped
to such localities from points outside
the state. The question is then: Is not
this a discrimination against manufac-
turers and wholesale dealers Of this
state in favor of those in other states,
and. therefore. in violation OF the fed
eral constitution which prohibits dis
elimination against citizens Of any
state.
The second question is: If the place
OF delivery Is the place Of sale is not
every dealer who ships liquors in
wholesale quantities to any point with
in the state liable to municipal and
county tax as a wholesale dealer in the
city OF town and county to which ne
consigns the goods? The C SEE
ton of the act is general in it's terms
and applies to the whole state-is no:
confined to shipments to localities
where prohibition or a dispensary is IN
operation. Here is the second sec
ton:
THAT the place where delivery of
any spirftuous. malt, vinous. ferment-
ed or other intoxicating liquors Is
made in the state Of North Carolina
shall be construed and held to be the
place OF sale InereOI, anu any SldlIOIl
or other place within said state to
which any person, firm. company or
corporation shall ship or convey any
Spirituous. malt, vinous, fermented or
other intoxicating liquors for the pur-
pose of delivery or carrying the same
to a purchaser shall be construed TO
be the place of sale: Provided, this
section shall not be construed to pre-
vent the delivery of any spirituous.
malt. ~vinous. fermented or other intox-
icating liquors to druggists in sufi-
cient quantities for medical purposes
only"
Under this section of the act when
any liquor is shipped or carried and
delivered to a person at a point be-
yond the place of manufacture or of
consignment the sale takes place at
the place of delivery. The person who
ships the goods makes a sale of the
same at the point of delivery just as
if that was his regular place of bus
mess.
This act may also affect the law re-
garding common carriers, especially as
to the rights of consignOrs and con-
signees. changing the relationship OF
the carriers respecting their agency.
The goods now are the property of the
sconsignor until delivered to the pur-
chaser. no matter how transported.