61 So. 306 | Miss. | 1913
delivered the opinion of the court.
Appellees are engaged in the lawful sale of intoxicating liquor at various points in Louisiana, near the city of Vicksburg, Miss. They have numerous customers in Mississippi, from whom they receive, by mail, letters ordering liquor and containing money, drafts, etc., to cover the price thereof. Upon receipt of these orders, appellees prepare the liquor for shipment, and deliver the packages containing it, addressed to the customers at their residences in Mississippi, to various boats plying between
The question we are called upon to decide is whether the transportation of these packages of liquor from. Vicksburg to their destination will be a transaction of inter or intra state commerce. If the former, appellant must receive and transport them; for in that event section 1771 of the Code can have no application.
It will be observed that, when these packages are delivered in Louisiana to the various boats, the transportation in what is contemplated to be a continuous passage by various disconnected carriers to the points of their destination in Mississippi will begin. Every part of this
The case of Gulf, C. & S. F. R. R. Co. v. Texas, 204 U. S. 403, 27 Sup. Ct. 360, 51 L. Ed. 540, cited and relied on by appellant, is not in point, as will appear from the explanation thereof contained in Railroad Commission v. Worthington and Railroad Co. v. Sabine Tram. Co., supra; and while the case of U. S. v. Geddes, 131 Fed. 452, 65 C. C. A. 320, also cited by appellant, sustains its contention, that case has not been followed by any other court upon the point to which it is cited, but, on the contrary, has been disapproved by several, particularly in the cases of U. S. v. Colo. & N. W. R. Co. and Pac. Coast
Affirmed.