66 Wash. 591 | Wash. | 1912
Appellant was convicted of a violation of the local option law of 1909, in bringing liquor into a dry unit in quantities less than an unbroken package. The admitted facts are these: Appellant is an employee of a wholesale liquor dealer at Snohomish, a wet unit, of whom a resident of Everett, a dry unit, had ordered a demijohn of intoxicating liquor. This demijohn was filled by the dealer at Snohomish from a larger receptacle then in his store, and when so filled was brought to Everett and delivered to the customer in the same condition in which it left Snohomish. Upon these facts arises the only question in the case: What is an unbroken package, within the meaning of § 18 of that act, Rem. & Bal. Code, § 6309, which provides that the act shall not apply to deliveries of unbroken packages at resi
The court below held that the words “unbroken package,” should be so construed as to mean the original package as put up by the manufacturer and in which the wholesaler received the liquor, and that only a delivery of such original package within a dry unit came within the exemption of the law. We do not so interpret the law. Without special reference to the cases, it has been generally held that by the words “original package,” in cases involving the right to ship intoxicating liquor into a state prohibiting its sale, was meant any form of receptacle that would hold a fixed quantity with reference to safe and convenient transportation; and when so shipped, it was immaterial what the form or size of the package was, as the importer had a right to determine the quantity desired; and so long as this quantity came to him in the unbroken or original package in which it was shipped, however small the package was, it was protected as an original package. In State ex rel. Cochran v. Winters, 44 Kan. 723, 25 Pac. 235, 10 L. R. A. 616, it is said:
“The original package was and is the package of the importer as it existed at the time of its transportation from one state into the other.”
In Cook v. Marshall County, 119 Iowa 384, 93 N. W. 372, 104 Am. St. 283, the court says:
“It relates wholly to goods as prepared for transportation, and has no necessary reference whatever to the package originally prepared or put up by the manufacturer.”
A package put up in the usual way employed for transportation by honest dealers, and in a hona fide receptacle ordinarily used in shipment and not evidently put up for the purpose of evading the law of a sister state, is regarded as an original package, so long as it remains in the unbroken condition in which it existed during its transportation. 17 Am. & Eng. Ency. Law (2d ed.), 292, 294; 7 Cyc. 429.
Crow, Chadwick, and Ellis, JJ., concur.