State v. . Wool

86 N.C. 708

• Court: Supreme Court of North Carolina
• Decided: February 5, 1882
• Status: Published

Opinion

Ashe, J.

The indictment was preferred against the defendant for a violation of the act of 1877, ch. 88, the first section of which reads: “ That it shall be unlawful for any person to sell spirituous or malt or other intoxicating liquors on Sunday except on the prescription of a physician and for medical purposes.”

The object of the legislature in passing this act, was, to prevent the traffic in intoxicating liquors on the Sabbath day. Before its passage, the licensed dealer could sell as well on that as on any other day of the week; and so might have done the unlicensed dealer, if he sold under the prescription of a physician and for a medical purpose. State v. Wray, 72 N. C., 253. The act then in no way affected the rights of an unlicensed dealer, for he, according to that decisión, had the right to do what is allowed him to do by the act, that is, to sell on Sunday, bona fide, for a medical purpose upon the prescription of a physician, and the only effect of the act was to restrict the franchise of him who had license to sell by a measure less than a quart.

We can well imagine many cases where it would be a hardship not to be allowed to sell spirituous liquor for medical purposes, where the prescription of a physician is not, or could not be obtained, but the legislature has seen proper to attach both qualifications to the right of selling on Sunday, and we must administer the law as the law-makers have seen proper to declare it.

There is no error. Let this be certified to the superior court of Chowan that further proceedings may be had.

No error. Affirmed.