125 Ky. 478 | Ky. Ct. App. | 1907
Opinion op the Court by
Reversing.
A. J. Sheehan is engaged in the business of selling by retail spirituous, vinousj and malt liquors in the town of Falmouth, in Pendleton county, under a license heretofore granted him by the State and municipal authorities. His license expires on May 1, 1907. In December, 1906, a vote was taken in Pendleton county upon the question as to whether or not the sale of spirituous, vinous, and malt liquors should be prohibited therein, resulting against the sale. After this, on February 2, 1907, Sheehan purchased of the John Brenner Brewing Company four half barrels of beer, and on that day presented the beer to the agent of the railway company at Covington, Ky., for transportation to him at Falmouth, tendering to him the amount of the freight charges therefor. The railroad company refused to transport the beer to him at Falmouth, and he brought this action to
The only question presented by the record is whether the carrier may carry spirituous, vinous, or malt liquors into Pendleton county after a vote has been taken resulting against the sale. Section 1 of the act of March 21, 1906 (Acts 1906, p. 320, c. 63), is as follows: “It shall be unlawful for any person or persons, individual or corporation, public or private carrier, to bring into, transfer to other person or persons, corporations, carrier or agent, deliver or distribute, in any county, district, precinct, town or city, where the sale of intoxicating liquors has been prohibited, or may be prohibited, whether by special act of the General Assembly, or by vote of the people under the local option law, any spirituous, vinous, malt, or other intoxicating liquor, regardless of the name by which it may be called; and this act shall apply to all packages of such intoxicating liquors whether broken or unbroken.” In Watts v. Commonwealth, 78 Ky. 329, it was held that a license to sell spirituous liquors by retail protects the person receiving it, although by a vote of the locality the local option law is put in force before the license expires, and that the person holding the license may continue to sell until his license expires. In that case the court said: “It is true that the local option law existed when the appellant procured his license, and that he must be taken to have known that the people might vote at any general election, and thereby make the selling of liquor in Richmond unlawful, and the reco.rd shows that he in fact knew that the people were to vote on that question on the next day. But this knowledge on his part cannot change the law of the
That opinion was acquiesced in by the bench and the bar, and by the Legislature. The statute then in force remained unchanged until the present act was passed after the adoption of the new Constitution, and the act which was then adopted is in this respect in the same language as the former act. It is a sound rule that words used in a statute which have been judicially construed are used in the light of the construction which has been placed upon them. The rule in other states is held otherwise (3 Cyc. 92), and we do not doubt that the Legislature might have changed the rule if it had seen fit to do so; but strong reasons of public policy require that, after the judicial construction of the a,et has been acted upon for so many years, it should not be overruled by the court, when to do so would make acts criminal which have been done in good faith upon the judicial construction which the statute had received. The provision of the
The first section of the act of 1906 above quoted makes it unlawful for a carrier to carry spirituous, vinous, malt, or other intoxicating liquors, and deliver them in any locality “where the sale of intoxicating liquors has been prohibited, or may be prohibited.” The sale of spirituous, vinous, or malt liquors is not prohibited in Falmouth by Sheehan until his license expires, and therefore the act does not apply to shipments by the carrier to him before the expiration of his license. The license is the authority of the State to carry on the business, and it would be nugatory if he could not get the goods to sell. The act is not designed to prohibit the carrier delivering the liquor
Judgment reversed, and cause remanded for a judgment as herein indicated.