The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-01-15


swcrcd In the affIrmative-that IL can
be made perfectly manifest that ship.
| mcnts into the State and deliveries
by common carriers. by which liquor
\ dealers outside OF prohibition States
were enabled to thwart the efforts
OF Stntc Governments to save the peo-
pie OF the state from the liquor evil
have been forbidden by State lcgisla-
ton made valid by withdrawal OF the
| protection nj interstate commerce
from such shipments under the Act
OF Congress known as the Webb-kcn-
yon Act.
The amendment to the Constitution
OF the State of West Virginia, known
as Section IS, ratified In November
1912. prohibits the manufacture,
sale and keeping for sale" OF intoxi-
eating liquors, with exceptions not ma
terial here: and 1t provides that "the
Legislature shall. without delay, enact
such laws, with regulations. condi-
tions, securities and penalties as may
be necessary to carry into effect the
provisions of this section" On Feb
ruary II, 1918, the Legislature en-
acted a statute to take effect July i.
1914, which in Section 3 contained
this provision:
The West Virginia Statute.
Except as hereinafter provided. II
any person acting for himself. or by
for or through another. shall manufac-
ture or sell or keep store. offer. or
expose for sale: or solicit or receive
any liquors compounded with abs!ntsle
any liquors compounded with absinthe
ne shall be deemed guilty of a mis-
demeanor; and any person. except q
common carrier, who shall act as the
agent or empioye of such manufac-
turer or such seller, or person so
keeping, storing. offering or exposing
for sale, said liquors, or act as the
agent or employe of the purchaser Of
such liquors, shall be deemed guilty
Iof such manufacturing or selling.
keeping. storing. offering or exposing
FOR sale. as the case may be: and In
case Of a sale In which a shipment or
delivery of SUCH liquors Ia made by
common carrier or other carrier
the sale thereof shall be deemed to
be made In the county wherein the
delivery thereof is made by such car
rier to the consignee, MS agent or en-
ploye.''
2 At the argument It seemed to
be conceded that State legislation
would be effective to make the place
of delivery the place OF sale. with res
pect 10 transactions within the scope
of the State legislative power The
power Of the State to enact laws reg
uiating and controlling commercial
transactions within Its own limits, sub
tec< only to the condition that the
regulations shall not arbitrarily i'm
pair property rights or interfere with
interstate commerce. has been af-
nr'ned in Sinnot VS.. Davenport, 60 u
:. .21, Delnatater VIZ. South Dakota.
ESQ L. 3, 90. and innumerable other
Federal and State decisions The in
teFnAf q al Nu su
the commerce that is wholly confined
within its hmite~~is as much under
Its control as foreign or interstate
commerce il under the control Of the
Federal Government" Sands va Ma
nistee Rive Improvement Compauy
La l.. S. 2ss; Hart VS.. State 81 Miss
Ill, ~ So. 523. ia Am St 4s7. This
power includes the regulation OF sales
and The GhaaKe- of the xaneEalLr,3la-
Of the common law, that delivery To
the carrier il completion OF the sale.
into general statutory rule as TO
every sale that Ii shall not be COM
plets until delivery to the consignee
or into a special statutory rule that
the sale OF Intoxicating liquors shall
not be complete until delivery TO the
consisnee, ard thai the place of de-
livery shall be the place of sale. The
validity Of such special statutory
regulation !s illustrated in State W..
herring, las y. c. AIS. IS S. e. 1907.
i22 Amer. ct. 46f; and State ys Pat
ierSon, 1874 n. c. sic. ~ s. E. sos
Legislature Had Power to Act.
g. There 's nothing in the amend
ment Of the State Constitution that
takes away by implication this power
or the Legislature to provide that the
place OF delivery shall be the place
or sale. II 10 true tnat the constitu-
tional amendment prohibits ..ths man.
ufactnre, sale and keeping for sale"
or Eqours. Rut II does not indicate
purpose 10 deprive the Legislature of
the power to determine what shall
be considered the place of sale. Ever
II II be assumed that the Trainer. of
Inc amendment. in prohibiting the sale
or liquors. had in view the general
common law rule that the sale was
70 he considered made out Of the
state on delivery to tine carrier ana
intended to incorporate that coneen-
non OF sale into the prohibitions OF
the organic law OF the State as a per-
manent State policy. that by no means
implies an intention to take from che
Legislature the power to make other
regulations and restrictions to be con-
Venientiy altered or added to. or re-
peated from time to time as circum-
stances might require. but not con-
ssdered proper to be inbedded in rhe
constitution as the permanent law Of
the state. This obvious and general
principle was applied to constit utional
anc statutory provisions as to the n.
quo traffic IN State VS.. Hoker. fOkIn
IS Pae. e46.
EXPRESS Company Sales Promotc~
The point in earnestly pressed that
even IL 1t he true that under the
statute in West Virginia delivery In
any county Of the State In a sale in
that county. yet. under an exception
OF the statute. the express company
has the right to promote Illicit sales |
by daily carrying liquor to be deliy- |
cred In the State in violation OF tts
laws. The section OF the statute above
quoted does exempt q comon carrier |
from the provision that any person
VINO shall act as the agent or eYn. |
pioye of such manufacturer. or such |
seller or person so keeping. storing.
offering or exposing for sale LIQUORS. |
shall be deemed guilty of such man /
Or selling, keeping, storing. |
or exposing Sor sale, as the case may |
be-" and shall be punished as provided |
by this section. This exemption OF the
common carrier from punishment by
tihe and Imprisonment for the car
rage or storing of liquor cannot by
:. stretch he held to imply consent |
by the state that the carrier NAV en-
gage In the business Of promoting
the liquor traffic by conveying it to |
the place OF sale. For such action |
the carrier.hy reason Of the diff
entities ~ IT, aooitf-v.