The Cairo bulletin., 1907-07-22
ANI|-JUC LAWS
HELD INVALID
BY TENNESSEE JUDGE WHO DE.
cLARES THAT EXPRESS COM.
PANIES MUST HANDLE PACK.
AGES CONSIGNED TO DRY
TOWNS.

circbit conrt, in tho case Of the Cres
cent Liquor company W.. the Southern
Express company, fr damages, the
antiiug ordinances Of the various
towns in the state are rendered null
reverse1 his decision The case was
brought by the liquor company on tho
refusal of the express company tC
handle whisky into lockwood owins
to the ordinance passed by that towr
prohibiting the shipment Of any in
| ltoNicating liquors into the corpora
I limits. This was d test case brough
under the failure to secure manda
ory injunction in chancery to compe
1 the company to handle the shipment
/ into lockwood, and was upon ar
agreed atement Of facts. Judge All
lison said in part
Plaintiff sues the defendant d com
mon carrier for refusing to accept
and carry a package of whisky from
Chattano ga to lockwood. Tenn. De
! fendant refused to accept and carry
the whiskey to lockwood on account
H certain mur!cipal ordinances, pass.
ed by the mayor and aldermen Of
RockWood prohibiting the delivery or
whisky by express companies or other
carriers within the corporate limits
of the city A determination of this
depends upon the validity Of these
ordinances.
"a municipality being q creature Of
the state In which IT ~ sittated, dc
riyes its powers from the state and Is
limited in its powers to such that arc
expressly delega ed to It in its charter
or reasonably implied therefrom. The
questi n, then, is whether or not the
state Of Tennessee has clothed the city
Of lockwood with power to prohibit
the transportation OF whisky from
her points within the state TO Rock
wood
IAN pswers possessed by The .elty Of,
Rockwood ~ pass any legislation on
this subject must be expressly stated
in its charter or must he reasonably
and fairly inferred from some Ian
gauge contained therein. lockwood
was Incorporated in 1899, and its char.
ter is found in chapter 327 OF the gen
aral assembly of that year. It is not
that the legislature, by any
express language to be found In Its
charter, conferred upon the city the
powers exercised by il In the pas
sage Of the ordinances involved. II
The ordinances are valid they must
be so declared upon the theory that
such power may reasonably be I'M
Piled from the language of the gener-
ii welfare act which authorizes the
TO pass all ordinances
necessary for the health, convenience |
md safety and good order OF the
Town and for the suppression and !
of any and all acts and |
hings made criminal by the laws OF
The state, and to provide a punish |
nent for the same, and 20, to pass
nj ordinances that may be necessary
q cffectuate and carry opt the pro
visions of this act, and for all pur-
poses for the good health. good gov
and general welfare of the
,ity and the inhabitants thereof
Ordinances must be consistent
With public legislative policy; they
nay regulate but not restrain, trade
and must NOT contravene a common !
light. The legislature has 81 FAR sig |
liied no intention OF delegatiHg 70
a right to regulate the |
iquor traffic. In the case of Grills |
IS. Mayor and Aldermen of Jones
Joro, $ Bax.. 2i7. involving the valid |
~ of an ordinance prohibiting the ga g
If whiskey on certain days the court /
,peaking through C. J. Nicholson,
;aid: Whatever may be our Views
Is To the evils of iusmperance, so
ong az the legislature continues to le-
,alize the traffic and TO CONFER on
hose engaged in II the rights at
ached to lheir privileges. the courts
ire bound 10 protect the exercise aud
.nioyment of these rights and priyii-
.ges against unreasonable and op-
,resslve ordinances passed by corpor
tie aushoritnes. altho gh they may,
n the Judgment Of these authorities,
ie passed IN the interest Of morality
eligion ana good order The Law 81
he state is param INT and must con
rol
Il find no authority holding con
rarv view. The ordinances are ultrN
.ires aud void
The defense Is a common carrier.
md is bound to receive and trans
sort 30 articles offered for shipment
rDder reasonable rules aud regula
tops Judgment for the plaintiff