Jasper County Democrat, Volume 9, Number 24, Rensselaer, Jasper County, 15 September 1906 — “COLD STORAGE" [ARTICLE]

“COLD STORAGE"

Barred From Selling to Consumers. CAN ONLY SELL TO RETAILERS. A Prominent Attorney States Law Regarding Wholesale Liquor Licerfses. Editor Democrat: Speaking to your inquiry with reference to the liquor laws: Your position that' the remonstrances which have been filed in this city renders all traffic in liquors unlawful is substantially correct. There are three jurisdictions which are authorized to license the sale of liquors—the United States, the state and the city. A license from one does not prevent prosecution for violations of the laws of the other. A license from the United States protects from prosecution for violation of its laws prohibiting the sale of liquors. It is no protection against the State laws or the city ordinances. A license from the State protects against a charge of violation of its laws prohibiting the sale of liquors, but it is no protection against a charge by the city or the United States. A license from the city protects against a charge of violation of a City ordinance prohibiting a sale without a license. Notwithstanding the remonstrance, both the city and the United States may issue license to conduct a saloon in this city. But each sale under the license would be a violation of the State laws. One must have a license from each , of these jurisdictions, or he is subject to prosecution for unlawful sales. Any one or two of them without tbe third are valueless. There are two cases in which a Btate license are not required: One is where a druggist makes sales upon a signed prescription of a reputable physioian. The other is where the sale is by a wholesale dealer selling not less than five, gallons at a time. Even a wholesale dealer may be prosecuted where he sells less than five gallons at a time, without a state license. It is tbe popular idea that the law makes any one who sells more than five gallons at a tipe a wholesale dealer. This is not true. To come within the exception the party must be a bona fide wholesale dealer, making saleß in the regular course of bis business, Tbe term “wholesale dealer’’ has a well defined meaning, and the courts will construe it to mean just what we all understand it to mean. It is one who is engaged in selling to the retail trade in large quantities. A person who sells to any one who may come after five gallons or more is not a wholesale dealer, but a retail dealer. It is not the quantity of the Bale which determines, but the business actually done by the one making the sale, Instead of enlarging the rights of others, the act restricts the rights of the wholesale dealer, preventing him from making sales of less than five gallons. I do not believe that liquor can be lawfully sold in this city after tbe existing licenses expire except by druggists upon prescription. A wholesale dealer could not lawfully make a sale to any but the druggists, for they alone can then lawfully retail at all. The people of this city have voted the liquor business from its limits for two years. Their wishes should be, and we hope will be respected. If> not, there is ample means to oompel their respect. It is true that now it is unlawful to sell liquors on any holiday. It was unlawful for saloons to sell liquor on Decoration day, or any other legal holiday this year. The Appellate Court has construed the act of 1905 to prohibit saloons being qpen or making sales on any such days. * * * *