Palmer v. Southern Exp. Co.

• Decision Date: 28 February 1914
• Parties: PALMER v. SOUTHERN EXP. CO.
• Court: Tennessee Supreme Court

165 S.W. 236

129 Tenn. 116

PALMER
v.
SOUTHERN EXP. CO.

Supreme Court of Tennessee.

February 28, 1914

Appeal from Chancery Court, Davidson County; John Allison, Chancellor.

Suit by Walter O. Palmer against the Southern Express Company. From a decree overruling demurrers to the bill, defendant appeals, and by its consent the State intervened in the Supreme Court, and took charge of and conducted the defense. Affirmed in part, and reversed in part, and rendered. [165 S.W. 237]

Vertrees & Vertrees, of Nashville, for appellant.

Frank M. Thompson, Atty. Gen., and Charles C. Trabue, of Nashville, for appellee.

NEIL, C.J.

The bill in the present case was filed to test the constitutionality of chapter 1 passed by the General Assembly at its second extra session, on October 16, 1913. The act is as follows:

"An act regulating the shipment of intoxicating liquor into this state or between points within this state; regulating the delivery of such liquor; providing for the filing of statements with the county clerk showing such shipments and providing that certified copies of each statement may be used as evidence, and for the fees to such county clerk for making such copies; prescribing penalties for violation of the provisions of this act; and conferring jurisdiction for the trial of violations of this act upon the courts of the county from or to which such shipments may be made, and regulating the procedure in relation thereto

"Section 1. Be it enacted by the General Assembly of the state of Tennessee, that it shall be unlawful for any person, firm, or corporation to ship, carry, transport, or convey any intoxicating liquor into this state, or from one point to another within this state, for the purpose of delivery, or to deliver the same to any person, firm, company, or corporation within the state, except as hereinafter provided.

"Sec. 2. Be it further enacted, that the term 'intoxicating liquors' used in the first section hereof shall be deemed to cover and include, and shall cover and include, all liquors--spirituous, vinous, or malt--containing more than one-half of one per cent. alcohol, and which are used, or intended to be used, as a beverage.

"Sec. 3. Be it further enacted, that it shall be the duty of any railroad company, express company, or any other common carrier or person, who shall carry any intoxicating liquors into this state, or from one point to another within this state, for the purpose of delivery, and who shall deliver such intoxicating liquors to any person, company, or corporation, to keep a record of such liquor and file with the county court clerk of the county in which such liquor is delivered a statement in writing, setting forth the date on which such liquor was received and delivered, the name and post office address of the consignor and consignee, the place of delivery and to whom delivered, and the kind and amount of intoxicating liquor delivered, such statements to be filed within three days after the date of the delivery of such liquor.

"Sec. 4. Be it further enacted, that it shall be the duty of the county clerk to immediately file such statement as a part of the files of his office, and permit any and all persons so desiring to inspect the same at any time his office may be open; and it shall be the further duty of the county court clerk to give a certified copy of such statement to any person requesting or demanding the same upon the payment of the legal fees therefor, and said certified copy shall be competent evidence in any of the courts of this state upon the trial of any cause whatsoever in which the same may be material.

"Sec. 5. Be it further enacted, that it shall be unlawful for any railroad company, express company, corporation, or other common carrier, or the agent of any railroad company, express company, corporation, or other common carrier, to deliver any intoxicating liquor to any person other than the consignee; and in no case where there are reasonable grounds for believing that any consignment or package contains intoxicating liquors shall any railroad company, express company, corporation, or other common carrier, or the agent of such railroad company, express company, corporation, or common carrier, or person, deliver such consignment or package without first having such consignee sign and deliver to the person in whose charge such consignment or package may be for delivery, a written statement in substance as follows:

"'I hereby state that my name is .; that my post office address is ., Tenn.; that I am more than twenty-one years of age; that I am the consignee to whom a package containing . of intoxicating liquors was consigned at ., on the . day of ., 19, to be used for (set out the use for which such liquors are ordered or the purpose for which they are to be used).

"'Signed and dated at ., Tenn., this . day of ., 19..'

"And in no case shall any railroad company, express company, corporation, or common carrier or person, or agent of such railroad company, express company, corporation, or other common carrier or person, be liable for damages for not delivering such intoxicating [165 S.W. 238]

liquor or package supposed to contain the same until such statement is executed and delivered as herein provided.

"And in no case shall any such railroad company, express company, corporation, or other common carrier, person, or the agent of any such railroad company, express company, corporation, or other common carrier, or person, be held liable or subject to the penalties prescribed in this act for delivering such intoxicating liquors or package to the consignee without requiring such a statement when such statement is executed and delivered as herein provided, unless the party taking such statement knows the same to be false, in which case he may refuse to deliver such intoxicating liquors or package.

"Sec. 6. Be it further enacted, that any person who shall make the statement provided in section 5 of this act, knowing the same to be false, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and be imprisoned in the county jail not less than thirty days nor more than ninety days, in the discretion of the court.

"Sec. 7. Be it further enacted, that it shall be unlawful for any railroad company, express company, corporation, or other common carrier or person, to deliver any intoxicating liquor to any minor.

"Sec. 8. Be it further enacted, that it shall be unlawful for any person to ship any intoxicating liquor from any point within this state without marking on the outside of the package containing such intoxicating liquors, where it can be plainly seen and read, the words: 'This package contains intoxicating liquor.'

"Sec. 9. Be it further enacted, that nothing in this act shall make it unlawful:

"1. For any person, for the use of himself or the members of his family residing with him, to personally carry and transport to his own home such intoxicating liquor in quantities not exceeding one gallon.

"2. For any person to order and have shipped and delivered to him, from without the state, for his own use or the use of the members of his family residing with him, such intoxicating liquor in quantities not exceeding one gallon.

"3. For any person, for his own use and the use of his family residing with him, to order from and have shipped and delivered to him such intoxicating liquor, in quantities not exceeding one gallon, from any point in this state where such liquor can be lawfully sold for the purpose for which it is ordered; provided, the person, firm, or corporation from whom such liquor is ordered or bought or by whom it is shipped is authorized by the laws of this state to sell liquor for the purpose for which it is ordered.

"4. For any priest or minister of any religious denomination or sect to order, ship, or have shipped, carried, and delivered wine for sacramental purposes; or for any common carrier, corporation, or person to ship, transport, carry, or deliver wine for said purposes to any priest or minister of any religious denomination or sect.

"5. For any person, firm or corporation to order, ship, transport, carry, or deliver intoxicating liquor into and within this state for purposes for which such liquor can be lawfully sold under the laws of this state, and to a person lawfully authorized to sell such liquors. But in all cases where any person, firm or corporation, carries and delivers any such intoxicating liquor for the purposes covered by subsections 2, 3, 4, 5 of this section, said person, firm, corporation, or carrier or the agent of any such firm, person, corporation, or carrier, shall require of the consignee a statement in writing, to be signed by such consignee, similar in form to the statement set out in section 5 hereof, showing the purpose for which said liquor has been ordered and is to be used, and, in cases covered by subsection 5 of this section, that the consignee is authorized by law to sell such liquor for the purpose for which it was ordered and delivery is sought; and any person who shall make a false statement in regard to the purpose for which said liquors are sought and are to be used or are used, shall be subject to the penalties prescribed in section 6 hereof.

"Sec. 10. Be it further enacted, that the delivery for shipment, the shipment, carriage, transportation, and delivery to the consignee of such liquors within the prohibition of this act from one point in this state to another point within the state, shall be deemed a continuing offense; and both the circuit and criminal courts held in the county from or to which such shipments are made, or in which

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