Delaware Reports; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans' Court of the State of Delaware Volume 27 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...in violation of a state law which forbids transportation; that the consignee is the only person interested in the liquors who can entertain an intention to receive, possess, use or sell them contrary to the law of the destination state within the meaning of the Act of Congress, unless possibly in cases where the consignor intends to make an illegal sale at destination; that the receipt of the liquors by the defendant in Pennsylvania is not the receiving referred to in the Act of Congress, nor does the statute of this state undertake, nor could it constitutionally punish the receiving of liquors in Pennsylvania to be transported into Delaware, that the possession which the defendant had was only for the purpose of an interstate transportation; that the Webb-Kenyon law is not aimed at the receipt or possession of liquors by the person who is to transport them but only by persons interested in the liquor." Such is the argument made in behalf of the defendant, and we think the construction sought to be placed upon the federal law by such reasoning is too narrow and is unwarranted, in view of the language of the act, and the manifest purpose which prompted its enactment. 17 It is admitted by the case stated that the defendant who carried the liquor into local option territory in this state, was a liquor dealer, or, what amounts to the same thing, the agent of a liquor dealer. It is true that the liquor dealer's place of business was in Pennsylvania, but when he came into Delaware, in person or by his agent, for the purpose of delivering his liquor to' a purchaser, he and his agent were none the less liquor dealersengaged in the sale of liquor. It cannot be contended that the defendant was the agent of the purchaser or consignee...