St. Louis & S. F. R. Co. v. State

• Decision Date: 07 February 1910
• Citation: 125 S.W. 643
• Parties: ST. LOUIS & S. F. R. CO. et al. v. STATE.
• Court: Arkansas Supreme Court

125 S.W. 643

ST. LOUIS & S. F. R. CO. et al. v. STATE.

Supreme Court of Arkansas.

February 7, 1910.

Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor.

Proceedings by the State against the St. Louis & San Francisco Railroad Company and another for the search and seizure of intoxicating liquors. From so much of the order as orders defendants not to deliver any liquor within the prohibited district in the nighttime to any one except an officer, and to no one except an officer until six hours after written notice is given to the officer, and to deliver to none except the party to whom consigned, or an officer, defendants appeal. Reversed.

W. F. Evans and B. R. Davidson, for appellants. Hal L. Norwood, Atty. Gen., W. H. Rector, Asst. Atty. Gen., and D. B. Horsley, for the State.

BATTLE, J.

On March 11th an affidavit was filed before the chancellor, alleging that there was some ardent, vinous, malt, or fermented liquors in the depot at Johnson, in Washington county, Ark., shipped into a prohibited district for the purpose of sale. A writ was issued by the chancellor on said date, commanding the sheriff to search for and seize the liquors, on which a return was made showing that he had seized two boxes of intoxicating liquors.

"On March 12th the chancery court made an order reciting that the chancellor had issued the writ on March 11th, that the sheriff had seized two cases of liquors in the possession of the St. Louis & San Francisco Railroad Company and the Wells Fargo & Company Express, billed to Tom Dott, which the court found to be a fictitious name, whereupon the court ordered that the St. Louis & San Francisco Railroad Company and the Wells Fargo & Company Express be made parties defendant, and they were ordered to appear at 9 o'clock, March 13th, to disclose to the court the true consignee of the intoxicating liquors, and, if they failed, they would be treated as in contempt and fined in the sum of $500 each, and would be declared to be the real owners of the liquors. A citation was issued on this order and served March 12th. At the appointed hour on March 13th the state appeared by her attorney, and the defendants by attorney. The cause proceeded to a hearing. Whereupon the court made a finding of facts as follows:

"That the defendant railroad and express companies had been bringing alcoholic spirits, ardent, vinous, malt, and fermented liquors into a prohibition district of the Eleventh chancery district, and delivering same in large quantities in the nighttime, and to parties other than the real consignee, whom the court found in many instances...