124 Ky. 182 | Ky. Ct. App. | 1905
Opinion of the Court by
Affirming.
The appellant, the Adams Express Company, a
In Crigler v. Commonwealth, 120 Ky. 512, 87 S. W. 276, 27 Ky. Law Rep. 918, it was held by this court that what is known as the “Five Counties Act,” of April 4,1884 (1 Acts 1883-84, p. 1116, c. 598), forbidding the sale of liquors in the five counties named therein, is in force in Laurel county, as is the local option law of March 10, 1894 (Acts 1894, p. 123, c. 52), together with the amendment thereto of March 11,1902 (Laws 1902, p. 41, c. 14; see section 2557, Ky. St. 1903), and that the two acts last mentioned must be construed as a part of the act of 1884; regulating and controlling the former as to procedure, the quantity of liquor sold to constitute an offense, and the punishment. That is, it was held that the local option act of 1894, as amended by that of 1902, is operative in Laurel county without the necessity of a vote by the people, and that of the existence of the act of 1884, and the operation of that of 1894 as amended in 1902, this court will take judicial notice.
The fine inflicted against appellant was imposed under the act of 1894, as amended in 1902 (section
The case went to the- jury upon the evidence of the commonwealth alone, none having been introduced by the appellant. The undisputed facts established by the evidence were: First, That George Meeee, within a year before the finding of the indictment, called at appellant’s office in East Bemstadt with his brother, who had ordered- and was expecting from Cincinnati a package of whisky, which he found awaiting him in appellant’s office. Second, While in the express office, George Meece was informed by
In view of the foregoing facts, it becomes necessary to' determine whether, in holding the whisky a week at Meece’s request, and until the latter- again called at the office, paid the necessary charges, and took it, the appellant .continued in the relation of carrier to the goods, or did it by the transaction in question cease to be a common carrier, and become a mere bailee or warehouseman? On this point, Hutchinson on Carriers (2d Ed.), section 354, states the general rule as follows: “The law upon this subject may therefore be stated to be that, so long as the carrier continues in the relation of carrier to the goods, he is
We are awiare that section 5258 of the Revised Statutes of the United States (U. S. Comp. St. 1901, p. 3564) confers upon railroad and express companies authority to carry freight from one State to another, free from interference on the part of the States, and that the Supreme Court of the United States, construing this statute, and defining the power of Congress with reference to its right “to regulate commerce with foreign nations, among the several States and with the Indian tribes,” has repeatedly held “that State legislation which seeks to impose a direct bur
Being of opinion that appellant’s conviction was proper, the judgment is affirmed.