Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1904-03-03
ANT|jOG LAW PASSED ON.
TIL SUPREME COURT HOLDS
PLACE OF DELIVERY
PLACE OFSALE.
Opinion By Clark-Justice Douglas
Dissents, But Files No Opinion
Lower Court Reversed In
State vs.. Patterson.
Raleigh News-O Observer.

Raleigh News-Observer.
The antijug law now applies to
the whole State. That is, the place
of delivery is the place of sale in
every county of North Carolina.
For the Supreme Court yesterday
sent down an opinion reversing the
lower court in case of State VS.. Pat
terson, from Durham, in which
Judge G. M. Cook, presiding over
the January term of the Durham SUI
perior Court. decided for the ship
per of the liquor into Durham, and
found Patterson not guilty upon the
special verdict of the jury, who were
unable to determine the question.
Judge George II. Brown at the
January term of Wake Superior
Court, held the view now taken by
the Supreme Court in a case from
Wake Forest. He considered that
the act in question applied to the
whole State.
The opinion of the court was writ
ten by Chief Justice Walter Clark.
Associate Justice r. M. Douglas dis
sented a~rguendo, that is, without
filing a written dissenting opinion.
The case was argued before the Su-
preme Court on Thursday, February
18th, it having been advanced on
the docket owing to its great i'm
perior Court judges had held OPP
posing views, and the people of the
State really did not know what the
law was. Messrs. Manning & Fou-
shee, of Durham, and Mr.. r. B.
Boone appeared with Attorney Gen
eral R.. D. Gilmer for the State, and
Judge r. w. Winston aud Mr.. Vic
tor S. Bryant, of Durham, appeared
for Patterson.
The facts very biefy in the case
were that during the early part of
last January, after Durham had
been carried for prohibition under
an election, according to the Watts
law, Mr.. Frank Guess, of that city,
ordered from Mr.. J. G. Patterson, of
ROxboro, a dealer in liquor, a gallon
of whiskey. The order was sent by
mail with the price, $500, enclosed.
The liquor was forwarded to Mr..
Guess by express. Upon this, a true
bill was found against Patterson for
selling intoxicating liquor in the city
of Durham.
1t was regarded as a test case on
the question Of whether chapter 349
of the public laws of 1908, making
the place of delivery of intoxicating
liquors the place of sale, applied to
the entire State, Or only to the coun-
ties of Cleveland, Cabarrus, Mitchell
and CASTOR, mentioned in the title
of the act and in section 1, of the
act.
Sections l and 2 of chapter $40,
Acts of 1908, are as follows:
! "Section L. That it shall be un-
lawful for any person, firm or corpo-
ration to manufacture or barter or
sell any spirituous, vinous, malt, fer
mented Or other Intoxicating liquors
in the counties of Cleveland, Cabar-
rus, Mitchell and CASTOR.
! "Section 2. That the place where
delivery of any spirituous, malt,
vinous, fermented or other ~intoxicat-
ing liquors is made in the State or
North Carolina shall be constructed
and held to be the place of sale there.
!! of, and any station Or other place
within said State to which any per-
son, firm, company or corporation
ship Or convey any spurious, malt,
vinous, fermented or other intoxicat-
ing liquors for the purpose 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 prevent the de
livery ofany spirituous, malt, vinous
: fermcnts or other Intoxicating liqu.
: o"s to druggists in sufficient quant,.
ties for medical purposes only.
r Bttrcr Tnan Gold.
81 was troubled f severa wears
with chronic indigestion and nerv.
Gus debility" writes F.. J. Green. o.
LanCaster, NJ 'Noremedy helpe5
me until l began using Electric Bit.
tiers, which did nc more good THAI