The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-30

where manufactured, or to a common
carrier to be transported to q place
where It may be legally sold.
The double purpose; that as. all
be transported by common carriers
only to be delivered to consumers for
private use. and at the same time dis
couraging illegal traffic IN liquor by
prohibiting the transportation OF large
quantities by common carriers: Is. we
think. also sufficiently Indicated by the
provision above quoted with reference
to the manufacture OF malt liquor.
The first two clauses fix the amount
OF the license tax and discriminate be-
tween the manufacturer situated in no
license territory and the manufactures
locate In license territory by providing
sale shall be made and delivery had ut
the place OF manufacture.
Can't Ship to Dry Towns.
The next clause. and the one whici,
gives rise to this controversy. sepa-
rated by semicolons from all the rest
"bnt such manufacturer may sell the
product OF his brewing to be delivered
to a common carrier to be trnnsfcrret
to any place where snme may be leg
In order to sustain the contention OF
the petitioner. we must limit the
meaning OF the words such mannfSc
no-iicense territory. and thus make a
discrimination in favor OF the manu-
facturer located in license territory.
without any reason whatever FOR such
determination: and In defiance Of tho
general policy and purpose Of the sta
tute as a whole.
This. however. is not the only lan-
guage to indicate that such construc-
ton would be erroneous. for the next
clause reads.
"nnd the said manufacturer shall have
the nddltIonni privilege of selling the
rot less thnn one gallon Mt the place
OF manufacture, except In nO-llcense
territory
Now. by every rule of reason. the
words said manufacturer" in the last
words such manufacturer" in the
clause Immediately preceding. and the
words said manufacturer" plainly and
in express terms refer to both classes
of manufacturers. whether located IN
license or In no-license territory
Must Protect Dry Communities.
The word manufactures. is used /.
only three times in the paragraph an
as "the manufacturer: In the third
clause as such manufacturer: and in
the fourth clause as said manufac-
mean any licensed manufacturer OF
malt liquors In the State. and that the
only difference between the two classes
Of manufacturers intended by tho
statute IL tHhl Tic ~
Gated In license territory can sell and
deliver not less than one gallon at
the place of manufacture. while the
manufacturer located in no license ter
ritory can make no sale. and delivery
at the place OF manufacture. We be-
lieve that this construction effectuates
tho apparent purpose OF the Legisla-
ture. and is IN accordance with tho
avow ed policy OF the State to protect
no license territory from Illegal traf
fic in LIQUOR by discouraging Its trans
portation in large quantities by the
common carriers into such territory for
such Illegal sale.
Under this construction the private
consumer living in no license territory
may buy In small quantities for per.
sonal use. while those who are engaged
in the illegal sale OF liquor cannot buy
in large quantities from the mnnufac-
turersl or wholesale dealers and use
tile common carriers as Deir conscious
or unconscious aiders and abettors in
their violations OF the law.
For these reasons we decline to
grant the prayer OF the petitioner for
q rehear!ng.