State v. Stovall

• Court: North Carolina Supreme Court
• Writing for the Court: Davis, J
• Citation: State v. Stovall, 103 N.C. 416, 8 S.E. 900 (N.C. 1889)
• Decision Date: 25 February 1889
• Parties: State v. Stovall.

8 S.E. 900

(103 N.C. 416)

State

v.Stovall.

Supreme Court of North Carolina

February 25, 1889

1. Intoxicating Liquors—Constitutional Law—Privileges and Monopolies.

An act incorporating an agricultural society, which provides that it shall be unlawful for any person to sell, or offer for sale, any liquors, tobacco, or other refreshments within one-half mile of the grounds of said society during the week of their annual fair, except persons doing regular business within the prohibited territory, is not unconstitutional as conferring any special rights or privileges, nor does it create a monopoly, or take away vested rights.

2. Societies—Agricultural Societies—Public Character.

Agricultural societies are of a public character and benefit, and the legislature has power to enact such laws and provide for such regulations as will preserve the good order and promote the interests and comfort of those who assemble, either for pleasure or for the advancement of agricultural interests.

W. E. Daniel, for appellant. The Attorney General, for the State.

Davis, J. Indictment for selling liquor, tobacco, etc., within one-half mile of the fair grounds of Roanoke & Tar River Agricultural Society, contrary to law, tried before Graves, J., at spring term, 1888, of the superior court of Halifax county. The jury rendered the following special verdict: "The Roan-oke & Tar River Agricultural Society is a corporation, having been incorporated under the laws of North Carolina, chapter 88, Priv. Laws 1870-71, which said act of incorporation was amended by the act hereunto annexed, and by chapter 33, Priv. Laws 1887. All of said acts are made a part of this case. That during the annual fairs held by the said society since its beginning, and during the fair held on its grounds during the year 1887, privileges were leased to many parties to sell liquors, tobacco, and refreshments, and goods, wares, and merchandise, and the same were sold during its continuance within its said grounds. That the defendant, James Stovall, leased a stand upon the land of one R. W. Daniel, within one-half mile of the grounds of said association, and was engaged in selling food and refreshments during the holding of said annual fair of 1887, until he was arrested at the instance of said association. Said defendant was not doing regular business within the prohibited territory. The above facts are found by the jury as a special verdict, and if his honor is of opinion that the defendant is guilty, then the jury find him guilty; if not, then they find the defendant not guilty. " By chapter 88, Priv. Laws 1870-71, the Roanoke & Tar River Agricultural Society was duly incorporated. This act of incorporation was amended by chapter 33, Priv. Laws 1887, limiting the capital stock of the company to $5,000, to be divided in such number of shares as the incorporators might determine, and by chapter 39, Pub. Laws 1887, by adding the following section: "That it shall be unlawful for any person or persons, individual or corporate, to sell, or offer for sale, anyliquors, tobacco, or other refreshments of any kind whatsoever, or any goods, wares, or merchandise of any kind, within one-half mile of the grounds of said association during the week of their annual fair. Any one violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed two hundred dollars. This act shall not apply to persons doing regular business within the prohibited territory. " Copies of the several acts referred to are annexed and made part of the verdict, but it is not necessary here to set them out more fully than above. "Upon said verdict the court adjudged the said James...