Street v. Lincoln Safe Deposit Co.

254 U.S. 88, 41 S. Ct. 31, 65 L. Ed. 151, 1920 U.S. LEXIS 1243, 10 A.L.R. 1548
CourtSupreme Court of the United States
DecidedNovember 8, 1920
Docket278
StatusPublished
Cited by93 cases

This text of 254 U.S. 88 (Street v. Lincoln Safe Deposit Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Street v. Lincoln Safe Deposit Co., 254 U.S. 88, 41 S. Ct. 31, 65 L. Ed. 151, 1920 U.S. LEXIS 1243, 10 A.L.R. 1548 (1920).

Opinions

Mr. Justice Clarke

delivered the opinion of the court.

By the motion to-dismiss the bill filed in this suit it is admitted: that the defendant Lincoln Safe Deposit Company is a corporation, organized under the laws of the State of New York, and authorized to engage in the warehousing business; that prior to the effective date of the National Prohibition (Volstead) Act [41 Stat. 305] the appellant was the lessee of a room in the warehouse of the defendant Deposit Company, in which he had stored wines and liquors lawfully acquired by him, which “are in his exclusive possession and control, and are intended, and will be usecl only for personal consumption by himself and the. members .of his family or his, bona fide guests;” that the defendant Daniel L. Porter is an agent of the Commissioner of Internal Revenue, charged with the duty of enforcing the Volstead Act, who iii his official capacity has publicly declared - and threatened that such storage of liquor by the defendant Deposit Company would be unlawful after the Volstead Act became effective and would expose plaintiff and the Deposit Company to the penalties of that act, which would be enforced against them; that [90]*90the appellant desired to continue to store his liquors in said rented room after the Volstead Act should become effective and intended to report the same to the Commissioner of Internal Revenue, as therein required; and that the'Deposit Company,- moved wholly by the notices and threats of defendant Porter, had notified plaintiff that he must remove his liquors from its warehouse or that it would remove and deliver them to Porter as outlawed property, to be dealt with under the Volstead Aet'after it became effective.

Averring as a matter of law that such possession of liquors in a warehouse is not forbidden by the Eighteenth Amendment or the Volstead Act, the appellant prayed that an injunction should issue, restraining the defendants from interfering with his possession of the room in the warehouse and from removing or disposing of his liquors.

The motion to dismiss was sustained, and a constitutional question being involved, appellant brought the case by direct appeal to this court.

Thus is presented for decision the question:

May a warehousing corporation lawfully permit to be stored in its warehouse, after the effective date of the Volstead Act, liquors admitted to have been lawfully acquired before that date and which are so stored, solely and in good faith, for the purpose of preserving and protecting them until they shall be consumed by the owner and his family or bona fide guests?

- Since the Volstead Act has been held by this court to be a valid law, the answer to this question must be found in its provisions, and the sections of it which it is argued sustain the negative answer to the question given by the court below, are 3, 21 and 25 of Title II.

Since here, as always, the purpose of Congress in enacting a law is of importance in determining the meaning of it, it is noteworthy that Title II of the Volstead Act was passed under the grant of power to enforce the first section [91]*91of the Eighteenth Amendment to the Constitution of the United States, which prohibits the manufacture, sale and transportation of intoxicating liquors for beverage purposes, but does not indicate any purpose to confiscate liquors lawfully owned at the time the Amendment should become effective and which the owner intended to use in a lawful manner.

Section 33 of the act is the only one which deals specifically with liquors lawfully acquired before it should take effect, and it is therefore of first importance in the consideration of the case before us. That section declares:

“It shall not be unlawful to possess liquors in one’s private dwelling while the same is occupied and used by him as his dwelling only and such liquor need not be reported, provided such liquors are for use only for the personal consumption of the owner thereof and his family residing in such dwelling and of his bona fide guests when entertained by him therein.”

The admissions of fact under which this case is considered bring the'liquors here involved precisely within these immunity provisions of § 33, except that they are stored in a public warehouse instead of in a private dwelling. They were lawfully acquired and were intended for a lawful use, and thus the question is narrowed to whether such custody by the warehouse company as is shown by the admissions was forbidden by the act.

Coming now to the sections relied upon as rendering the custody or possession of the liquors by the warehouse company unlawful:

Section 25 declares that “It shall be unlawful to have or possess any liquor . . . intended for use in violating this title. . . .”

But since § 33 declares that the uses to which it is admitted the plaintiff intends to devote his liquors are not unlawful, obviously this section does not apply to the case, [92]*92for the unlawfulness declared by it is conditioned upon the intended use i«T violating the act.

Section 21 declares that “Any room, house, building, ... or place where intoxicating liquor is'manufactured, sold, kept, or bartered in violation of this title, and all. intoxicating liquor and property kept and used in maintaining the same, is hereby, declared to be a common nuisance,” and for the maintaining of such a place penalties are provided.

The word “kept” in this section is the only one of possible application to the case at bar, and the words ith which it is immediately associated are such that as here used it plainly means kept for sale or barter or other commercial purpose. Its inapplicability to this case is apparent. Noscitur a sociis. United States v. Louisville & Nashville R. R. Co., 236 U. S. 318, 334.

Section 3, which is the omnibus section of the act, provides that, “No person shall on or after the date when the eighteenth amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized in this Act, and all the provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented.”

It is argued that the declaration herein that no person shall “possess,” “transport” or “deliver” intoxicating liquors is. applicable to this case, because the warehouse company is not “authorized” by the act to’ “possess” them and because they cannot be used, even lawfully, by the plaintiff unless delivered and taken away from the warehouse.

By the admissions the appellant is lessee of the room in which the liquors are stored and he “is in the exclusive possession, and control of them.” Thereby the relation of the warehouse company to the liquors is restricted to the [93]*93public function of furnishing such police, fire, and other protection to its buildings and their contents as the law or its lease requires on the part of such company and to allowing the plaintiff to have access to his property in order that he may remove it for an admittedly lawful purpose. The company could not sell, give away or otherwise transfer the liquors to anyone other than in this limited way to the plaintiff owner.

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Bluebook (online)
254 U.S. 88, 41 S. Ct. 31, 65 L. Ed. 151, 1920 U.S. LEXIS 1243, 10 A.L.R. 1548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/street-v-lincoln-safe-deposit-co-scotus-1920.