The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-09
LEGISL4TIOV ~ AID or PROHI-
BITION.


the Juns term. had before him hbsls Of
Information for the condemnation and
forfeiture OF certain Intoxicating liquors
under .ection 100 Of the Criminal Code OF
the United states approved March 4, 1907.
which section Il preceded BY two others
relating Co the same legislative subject In
his ecision he said
~ these three sections Of the code are new
Legislation. and neW not only In words but new
In treatment Of the subject matter. their history
may be appropriately considered IN order TO
ascertain something of congressional intent
Section 2ss makes IL criminal for any
agent or employee OF = common carrier
to deliver to any person other than the
one to whom II has been consigned unless
upon the written order In each case OF the
bona nde consigned or 10 any fictitious
persons any intoxicating liquor arriving
at its place OF destination by interstate or
International transportation, and section
go renders u criminal for any common
carrier Transporting liquor in such manner
TO collect the purchase price or any part
thereof or to act IN any manner as the
agent OF the buyer or the seller. section 2tO,
! which was before the Court. says that who
ever know ingly ships from one State into
another state a package containing intoHl-
eating liquor unless such package be 40
labelled on the outside cover a. plainly TO
show the name of tho consignee. the nature
Of the contents and I he quantity therein con-
tanned shall be Gned not morethan y. Ooo and
such liquor he seized. condemned and for
feited TO the nited States
Judge Hough points out that during ths
SiNtleth Congress there were pending In
the senate AZ least seven bills intended 90
| regulate commerce ~ to aid the
prohi bItion legislation OF any state or
Territory. There were two such bills In
the House OF Representatives. Generally
speaking. the senate bills sought to accom-
plish their object 10y subjecting Interstate
aud internatio shipments Of liquor 10
the police power Of the several states
while still IN transit or before final delivery
by the carrier Ia Aptil. loos. these pro-
posalS were the subject OF a report by the
senate Committee on Judiciary which
stated that the mischief Of the proposed
legislation. which the COMMITTEES was
directed to correct. was the misuse Of the
facilities furnished by railroad companies.
eEpress companies and other common
carriers In bringing IN liquors from outside
the state to be paid for on delivery. Ia the
opinions ot senator Knox and senator
Rayner ~ VIE agreed that the mischief
needed correction. bat that II was improper
to recommend legislation In apparent con-
nct with the views pressed by the nited
States supreme curt regarding liquor ship
ment- IN Vance ~ Nandercook Company
The committee thereupon framed and
reported tho hill known as the Knox bill.
containing three paragraphs corresponding
In substance to sections as $50 and 2.0 OF
the Criminal Code The only substantial
dinerenc. as to the third section Of the Knox
bill and section 2IO ~ the insertion Of the
word knowingly before unlawful and
the requirement that each package should
show the name Of the Consignee az we'll
as the nature ~ the contents and the
quantity. Thss" changes were made when
the criminal Code Was passing through the
House Of Representatives and the leRis-
lation was retained bv the conference
committee without any debate 80 far as
Judge Hough could discover The Court
says
This history OF legislation show plainly that
the object OF the promoters OF the BIN Vas 10
restrict common carriers 10 the busnss, OF trans
pOrtation only % Ear rs 10 nor 4 concerned and
To produce on the records Of the deiiN ering car
rier evidence prOcurabie by lawful suep.rnA Of
the Identity Of the recipient OF any package con
tAIning liquor. ~kich last result was thought to
be attained By the requirements OF SECTION "a
that delivery should be made only 10 the
sigurr "Unlcss upon the Vrittsn order In each
instance % the bona tide consignee.- aud by the
further requirement Of section 80 that any PACK
age delivered should bear upon 1t description
OF the kind and quantity o. It, contents and the
name of the oorsiE-rr
The Court remarks that the word owner
or purchaser is nowhere used and Il IL
no, required that III" package shall bear
Inc name Nl lif person NnO - tp DIV ~ or
cousum" ~ contents
The statements ~ fac iled with the court
show that IN ne ease ~ tar persons living
~ various places IN Vermont and one In
New Hampshire desired to buy barrels Of
wine or kegs ~ brandy These persons
ordered the VINE from the Olveto Wine
Company or the Cioc,a Iombar6 Company
81 San Francisco These companies Per
mitted the orders TO accumulate until there
wa SUFFICIENT 10 load three freight cars.
whrn enabled the vendors to obtain car
load rates The Oliye'o company shipped
one carload - Barre. v containing barrels
and kegs ordered by upward ~ eighty dtTer-
ent persons living there The CioCca com
pAny shipped two carloads containing the
aggregate orders ~ an even larger number
81 customers
The OiiVe'o COMPANY took oU, onlv one
bill 81 ladins for it, entire carload. which
rec tied the receipt from IA. OnVctO com
pany OF one carload Of wine. consisting Of
etgu', seven barrels and two kegs con
signed TO the Oliyato Wine COMPANY. Barre.
" n the foot o' the hill of lading was
written Please deliver the car wine Ia
Enrtco Rulfo and obligr respectfully.
Olivrip Wine Company RufO lived a.
Barre and had ordered one 81 the barrels.
The bilI 81 lading On each cnr shipped by
the Cocoa company consigned the ship
nicn' 20 tho oJdsr Of the Ciocca company
and asked that Moruzzi and Sasoros-i
no notified
The court declares 'ha' tho ball 81 ladinz
In each case ,ompli-d WITH the requirements
and hat the names Of the ultimate 90 nsumer-
or customers of the vine companies never
came 10 the carriers streutiou except Nhcn
Kulfo exhibited the Olysto hill Of ladnK
to the -tat ION agent ~ Barre and showed him
. y li-t ~ ,ustouc-~ corresponding 10 names
. on The barrels and kegs The Count saws
that since there - nothing In tho ng' pro-
hibiting bulk shipments and nOthiag re-
curing liquor to b. always delivered TO he
purchaser or consumer
/ 10 srcns 20 me that THIS record p~rfec ~
and not nliS the letter but the spirit OF the
legislation iiN ed w IA unless N" shipper. whose
name was on each package. cannot br regarded
. - no con siguer - the contents OF tie cars N
question o. unrs, u j. necessary for the vendor
81 liquor Ia ship In the name OF hi, yehdee. and
such are the COntcn lions ~ the Government
Judge Hough said u thus be, zones
ne, eSsary 10 ascertain IN what sense
cons gnee" - used ln the statute, and
.i,,sa thara np Il ltufpry denuttt,u ,f