77 Iowa 181 | Iowa | 1889
The distinction drawn by the superior court between the different transactions does not appear to us to rest upon any sound legal principle. The liquor was in each case put up by the manufacturer or dealer in another state, with a view to sales in that condition. The subsequent packing of the bottles in boxes and barrels was a mere matter of convenience in the sale and shipment of the property. When defendant purchased one hundred bottles of either beer or whiskey, he in effect purchased that number of packages of the article, and when he sold by the bottle the transaction was of the same character. The fact, that, as a matter of convenience in handling during the transportation of the property, the bottles were packed m boxes and barrels, can make no difference as to the character, in law, of the transaction. If he had the right to bring the liquor within the state, and to sell it here, he had the right to adopt such means and mode of shipment as best suited his convenience or interest; for, so far as we are advised, there is no regulation upon the subject of either state or national enactment. The right to buy and sell in such quantities as he chose is necessarily included in the right to buy and sell in any quantity. The right to bring it within the state by the car-load is as certain as the right
In our opinion, then, the case turns solely on the question whether defendant had the right, notwithstanding the statute of the state, to sell .the liquors within the state. And in considering that question it is important to keep in mind the scope, and object of the statutes. For more than thirty years the state has sought by legislative enactments to mitigate the evils of intemperance. During all that time, however, it has regarded intoxicating liquors as a legitimate article of commerce, and the legislation has been restrictive, rather than prohibitory. The sale and use of such liquors as a beverage has been regarded as an evil so enormous as to demand the exercise of the highest powers of the state for its
Reversed.