Commonwealth v. Welch

• Decision Date: 24 September 1888
• Parties: COMMONWEALTH v. WELCH.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

147 Mass. 374

17 N.E. 895

COMMONWEALTH v. WELCH.

Supreme Judicial Court of Massachusetts, Berkshire.

September 24, 1888

COUNSEL

A.W. Preston, JC. Crosby and C.J. Parkhurst, for defendant.

A.J Waterman, Atty. Gen., for the Commonwealth.

OPINION

MORTON, C.J.

It appeared at the trial that the defendant had a license of the first class under Pub.St. c. 100, § 10, to sell intoxicating liquor in a certain room in a building called the "Mansion House," in North Adams, which room was particularly designated and described in the license; that he had no license as an innholder; that during a part of the time covered by the complaint he kept and stored large quantities of intoxicating liquor in a rear room adjoining the room specified in the license, but having no connection or communication with it, which liquor was kept for the purpose of being sold under the license in the room specified therein, and not otherwise. We assume, in favor of the defendant, though it is not directly stated, that he had a license as a common victualler. We are of opinion that the superior court rightly ruled that such keeping in the rear room was illegal. The statute provides that a license of the first class shall be issued only to a person who holds a license as an innholder or a common victualler, and that it "shall specify the room or rooms in which such liquor shall be sold or kept by a common victualler." It further provides that "no person licensed as aforesaid and not licensed as an innholder, shall keep, sell, or deliver any such liquors in any room or part of a building not specified in his license as aforesaid." Pub.St. c 100, § 9, cl. 5. This last provision is not merely a condition of the license, but is a substantive provision relating to premises not covered by the license, and a violation of it is punishable under Pub.St. c. 100, § 18. It is a part of the scheme of the statute that the public officers may at any time enter upon the licensed premises to ascertain the manner in which the business is conducted, and to examine the quality and purity of the liquors kept for sale. Pub.St. c. 100, § 15. This furnishes a reason why all liquor kept for sale should be kept in the licensed premises, which are open to the inspection and examination of the public officers. But whatever may be the reason, the statute is explicit, and clearly prohibits a licensee of the first class from keeping liquors intended for sale...