The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-22
LI9 UOR IN u d N G ron
rs Ora ~ TED HERE


Now, II 1t be true that solicita-
ton BY mail Is Just as unlawful as a
personal solicitation. then the allie
CATION of the bill that the defendant
railroad company IL making many
deliveries In this county OF packages
of liquor that were ordered by the
respective consignees by reason OF
unlawful solicitations BY mail made
OF them by non resident liquor deal-
'ers, would seem to warrant the exer-
else OF tho injunctive authority Of a
court OF equity. the same as though
the solicitations had been made per-
s0nally in Harrison county.
The state asks that the defendant
railroad company be enjoined from
accepting for delivery, or from
making delivery of. any intoxicat-
ing liquors in Harrison county, Jun
less the defendant has f-a ascer-
tanned. by acting in good faith, with
due diligence and caution, that such
( liquors were ordered by the con-
Esignee for his own lawful personal
use. and without solicitation on the
part Of the consignor . Il without
intention on the part OF any person
interested therein to be received,
possessed. sold or in any manner used
in violation Of any law, in this state.
It would seem fair enought to enjoin
the shipment and delivery Of such
unlawful packages; but the objec-l
ton Is urged by the defendant that
1t would be unreasonable to require
1t to determine what packages of
liquor it might accept for carriage
and delivery and what packages IL
might not accept and deliver, as I'M
lawful, upon pain Of being punished
for contempt of court II it should ac-
cept and deliver a package that had
not been ordered by the consigneel
for his own, personal, lawful use, and
for which order an unlawful solic-
itation had been made Of him. This
may perhaps be considered the most
serious question presented. Can such
exaction, reasonably be made of al
common carrier? ] think that 1t can
be made and that it is reasonable to
do so. The effect Of the order asked
is merely to require the railroad com
pany to use diligence and reasonable
caution, and to be circumspect and
act in good faith to avoid being an
instrument for law breaking in the
hands of designing violators OF the
law, who, although driven and barred
from West Virginia soil are, accord
ing to the showing Of the bill, mani
Testing to marked. degree spirit OF
disregard and contempt for alw and
economy.
It Is true that the unlawful pack
ages are interstate shipments. but the
effect of the etbb-Kenyon &C Of Con
lgress is to place such shipments, the
same being in violation Of state law
because of the unlawful solicitation,
within the reach Of state authorities.
Counsel for the defendant calls my
attention to the fact that an injunc-
ton such as Is asked here was award
ed by the circuit court Of aKnawha
county and, upon transfer of the case
to the United States. district court for
the Southern district of West vir-
ginia because of the pon-residence Of
one or more of the defendants, the
Injunction was there dissolved |; and
further, my attention is called to the
fact that, according to newspaper re-
ports, a United States district court
sitting at Baltimore has, within the
last few days. entered mandatory in
junction requiring defendant carriers
to accept liquors for shipment into
West Virginia, where intended for
personal use. even though the orders
for them had bene solicited by letters
and circulars mailed from without the
state. 1t is insisted by counsel for
defendant that the action Of this court
ttshould be determined in accordance
with the holdings of the two United
States courts. have great respect
for the ability and integrity of the.
judges of the two courts mentioned,
but their decisions not being binding
authority upon the circuit court OF
Harrison county, I deem 1t my duty to
take such course as my conception Of
the law may require. even though 1t
may be different from the conclusions
reached by the two Federal courts
mentioned.
1 am of opinion to award the in
junction.
The same ruling was given as to
case of Wells Fargo and Company,
express company.