The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-09-14
D
sEe1
No More


The G. o. d. liquor business in
West Virginia is soon TO be a.
thing Of the past. The courts
have bean giving special instruc-
tions to grand iuries on the sub
ject, through which they have adj
monished agents that they win be
treated as wilfull yiolators hereaf-
ter. In consequence the railroad
companies are now sending out
ordrs to- their agents not to re-
eeive g. q. D. packages of liquor.
About all the agents IN Harrison
county have been so notified, as
well as a those in adjoining coun-
ties.
The following is the instruct
ion Judge J. @. McWhorter, Of the
Twelfth judicial District gave a
grand ju1 as to @. O. d. whiskey.
81 hold that under Chapter 40,
Section Z of the Acts of 1908,
whenever amy agent or employee
of railfoad or express company
delivers packages Of liquor ship
ped G. O. D., or otherwise, to the
consignee thereof, such agent or
employee does so at his peril, and
assumes all the risk Of such con-
signee NOT acting in good faith,
previously ordering the liquor for
his personal use The agent or
must know that the iq-
uor was, IN fact, ordered before
by the party to whom it
was shipped. He must know that
the consignee ordered it for his
use, and not to be sold,
or furnished to, or used by another
He must know that the c9nsignee
is acting IN good faith. He must
know that the goods were shipped
upon an order actually ma
tie consTgTrSe before the shipment
was made If liquor dealer,
whether within or without the state
obtains list of names Of parties
wl.o are likely II use LIQUOR and,
rffhout an order therefor. ships
afjy Of such parties liquor, and up-I
~ notice from the railroad or eX-
~razs agent such tporty takes the
'iauor from tlle express office or
.Iorot. paving the agents therefor,
she law is violated, and the agents
are liable ia he criminalv prose-
-uted. The agents knowledge. or
lack of knowledge, in the case can
not save him. sHe acts at his
peril. and he must know the actual
facts before he acts. If he is de-
scived by the representations,
under oath or otherwise,
If the shippers or of the consIgnee,
t is no excuse. His good faith can
not save him. No number of af-
idavits taken from the consignee
" the agent will avail to protect
he agent, if the law, in fact, has
zen violated. Whenever he deliy-
rs packages of liquor shipped Z.
}. D.. or otherwise, the agent takes
no risk and assumes absolutely
he hazard of criminal prPsec'l-
ion, in case the shipment was not, I
n fact, preceded by an order from
he consignee, or the consignee did
lot actually order it in good faith
or his personal use. No agent or
mploye ever delivers such pack
pes of liquor to anyone without
Stunning such risk. The only way
e can avoid such risk is to refuse
3 handle and deliver such pack
gcs of liquor at all. Nor do / |,
Understand that any railroad or
xpress company, has the right, atd
EAST moral, to compel its agents
nd employees to assume such haz-
rd of becoming criminals under
he law by handling such goods.
Neither do conceive that any
ncR company can be legally re-
4 ired by any liquor dealers to ac-
ept for shipment any such liquor
nd convert itself into a collect
10 agency to aid dealers in coli
ncting the purchase money on e.
]. ID. wlIiskey packages, or be re-
uired to assumt itself, or place
Is agents or employees under such
liability.
The conversion of our depots IL
nd express Offices into saloons and
ouor shops must cease; and if the
gents and employees Of the rail- It
Ssd and express companies are will t
1c to continue their services to Ia
leh companies and assume the risk
ma peril incident to the handling +
{ such packages Of liquor, they j
lust take the consequences. Any II
he convicted of violating this c
atalte may be fined one hundred Be
ollars and imprisoned in jail foil
& months. I shall insist that the u
,ci,sr.IIfiY1rr saffoFl ~ !, at endh conn~ Il