147 Iowa 561 | Iowa | 1910
The defendant delivered to the United States Express Company at one of its offices in this state a box of prairie chickens for transportation and delivery to a commission firm in Chicago, Ill. The box was properly billed to the address placed thereon by the .defendant and
The defendant was convicted under section 2555 o'f the Code, which provides that “no person .... shall ship, take or carry out of this state” any game birds. He contends that, as the birds were taken from the express company while in this state, there was no shipment out of the state, and hence no violation of the law. He says, in effect, that the state authorities stepped in with a search warrant, and prevented the completion of a shipment which would have been unlawful if completed. We are of opinion that the delivery to the carrier for transportation to a point beyond the boundary of the state constituted a violation of the statute. The word “ship,” as therein used, must be given its usual and ordinary meaning, for there is nothing in the law itself which indicates a different legislative intent. The words “ship” and “shipment” are now generally used to express the idea of goods delivered to carriers for the purpose of being transported from one place to another, and such signification is, given to them by lexicographers generally. Webster’s International Dictionary; the Oenturay Dictionary. The law dictionaries give substantially the same definitions. See Abbott’s, Bouvier’s, and Rapalje & Lawrence’s. The adjudicated cases are in general accord on the question. In a leading case in England, Bowes v. Shand, L. R. 2 App. Cas. 455, the court was linanimously of the opinion that the word “shipped” - according to its natural and ordinary signification and meaning was the putting of goods on board a vessel and taking a bill of lading therefor; and it was there held that goods placed on
There is no merit in the appellant’s contention, and the judgment must be, and it is, affirmed.