Central of Georgia Ry. Co. v. State ex rel. Attorney General
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Petition by the State, on the relation of the Attorney General, for mandamus to compel the Central of Georgia Railway Company to transport certain liquors within the state. From a decree granting the writ, respondent appeals.
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Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Petition by the State, on the relation of the Attorney General, for mandamus to compel the Central of Georgia Railway Company to transport certain liquors within the state. From a decree granting the writ, respondent appeals. The petition alleges that the respondent is a common carrier of freight between the points of Girard and Pittsview, Ala., in connection with the Seaboard Air Line Railway Company, and that under and by virtue of a search- warrant issued by one Burt, a justice of the peace, certain whisky was seized in…
1Opinion of the Court
PER CURIAM.(1) We are of the opinion that the Legislature, in the enactment of the anti-shipping law in connection with the prohibition law (Acts 1915), never had in mind shipments by the state or through its sovereign power incidental to the enforcement of the prohibition laws. These laws were enacted to promote temperance, and the Legislature attempted to arm the state with the powers of administering the prohibition laws rather than to hinder a due administration of same. Therefore this anti-shipping law has no application to the shipment of seized liquors under legal process, goods that…
2Cases cited1 opinion
- Spenny v. Mobile & Ohio RailroadSupreme Court of Alabama · 1915
3Cited by1 opinion
- Wray v. StateAlabama Court of Appeals · 1916