State v. Almy
State v. Almy
Opinion of the Court
The defendant was tried in the District Court of the Third Judicial District upon the following complaint: “To Edward G. Cundall, Esq., Clerk of The District Court of the Third Judicial District, in the County of Washington, and State of Rhode Island and Providence Plantations. Cornelius Bransfield, Chief of Police of the town of Westerly in said county, on oath complains, in the name and behalf of the State, that at said Westerly in said county, on the 15th day of December, A. D. 1909, with force and arms Willis E. Almy, alias John Doe, of said Westerly, he the said Willis E. Almy, alias John Doe, being then and there, and for a long time prior thereto, a retail druggist, did then and there keep for sale ale, wine, rum, and other strong and malt liquors, and mixed liquors a part of which was ale, wine, rum and other strong, malt and intoxicating liquors, without first obtaining a licence from the town council of said town of Westerly, against the statute and the peace and dignity of the State.
“And said complainant further complains, on oath in the name and behalf of the state, that at said Westerly, in said county, on said 15th day of December, A. D. 1909, with force and arms, said respondent, Willis E. Almy, alias John Doe, being then and there, and for along time prior thereto, an apothecary, did then and there keep for sale, ale, wine, rum, and other strong and malt liquors, and mixed liquors a part of which was ale, wine, rum and other strong, malt and intoxicating liquors, without first obtaining a license from the town council of said town of Westerly, against the statute and the peace and dignity of the State.” The complaint was brought under the provisions of Gen. Laws,'1909, cap. 123, § 52. During the *417 trial testimony was offered of the finding, in the shop occupied by the defendant as a retail drug store, of about five quarts of whiskey, one and two-thirds quarts of brandy and one half bottle of Scotch whiskey. The defendant objected to the introduction of the testimony upon the ground that the portion of said section 52 which provides that “ The finding of any liquors enumerated in this section upon the premises of any retail druggist or apothecary, in quantities exceeding one half gallon, shall be considered evidence that the same is kept for sale,” is unconstitutional. The testimony was admitted, notwithstanding the objection of the defendant, the decision of the question of constitutionality was reserved, and the trial proceeded.
The respondent offered no evidence in his own behalf and was found guilty, but sentence was stayed and the constitutional questions raised were certified to this court for decision, under the provisions of Gen. Laws, 1909, cap. 298, § 2.
The defendant thereupon argued as follows: “ What is the proper construction of the statute that is now Section 52 of Chapter 123 of the General Laws, 1909.
“The first part of said section provides a penalty for the sale or keeping for sale, by any retail druggist or apothecary, without first obtaining a license, of any ale, wine, rum, or other strong or malt liquors, etc., and later on it is provided that ' the finding of any- liquors enumerated in tins section upon the premises of any retail druggist or apothecary in quantities exceeding one half gallon shall be considered evidence that the same is kept for sale.’
“It is to be noted that the plural is used in spealdng of ' liquors’ and ‘ quantities’ but that the provision in relation to evidence is that the same ' is’ kept for sale instead of ' are’ kept for sale. The provision is the finding of any liquors enumerated not the finding of any ‘ of’ the liquors enumerated. It is not to be presumed that the legislature made a grammatical error. In case of doubt as to the meaning of a criminal statute the doubt must be resolved in favor of the defendant. It follows that the meaning of the statute is that the excess of one half gallon must be of one kind of liquor and not the aggregate of several lands.”
A sufficient reply to the foregoing is that under the provisions of Gen. Laws; 1909, cap. 32, “Of the Construction of Statutes,” Sec. 3, it is provided that “ Every word importing the singular number only, may be construed to extend to and to include the plural number also; and every word importing the plural number only, may be construed to extend to and to embrace the singular number also.”
In our opinion it is the intention of the legislature, as expressed in the section under consideration, to prohibit the keep *419 ing of intoxicating liquor in quantities exceeding one half gallon, whether it consists of one kind only or is the aggregate of several lands.
The defendant further argued that “The finding referred to is upon the ' premises’ of a retail druggist or apothecary, not within his shop. ' The dwelling house of a retail druggist or apothecary is as much his premises as his shop. Each is occupied by him, and it cannot be said that in using the general term 'premises’ it was intended to include one class or purpose of occupation and exclude another. It is not for the court to read into this statute words that are not there. It therefore follows that if a retail druggist or apothecary has more than two quarts of liquor of one land in his dwelling-house, it is evidence that it is kept for sale, while Ms next door neighbor engaged in another occupation may have a much larger quantity without any such presumption being raised. The result is the same if it is held that the Statute applies when the aggregate of all the liquors found exceeds one-half gallon.”
We are unable to see wherein the statute under consideration is obnoxious to either of the constitutional provisions-hereinbefore referred to.
As was said by Mr. Justice Field, speaking for the Supreme-Court of the United States, in Barbier v. Connolly, 113 U. S. 27, 31 et seq.: “The Fourteenth Amendment, in declaring- *422 that no State ' shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws,’ undoubtedly intended not only that there should be no arbitrary deprivation to life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the employment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of any one except as applied to the same pursuits by others under like circumstances; that no greater burdens should be laid upon one than are laid upon others in the same calling and condition, and that in the administration of criminal justice no different or higher punishment should be imposed upon one than such as is prescribed to all for like offences. But neither the amendment —broad and comprehensive as it is — nor, any other amendment, was designed to interfere with the power of the State, ■sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources, and add to its wealth and prosperity. From the very necessities of society, legislation of a special character, having these objects in view, must often be had in certain districts, such as for draining marshes and irrigating arid plains. Special burdens are often necessary for general benefits — for supplying water, preventing fires, lighting districts, cleaning streets, opening parks, and many other objects. Regulations for these purposes may press with more or less weight upon one than upon another, but they are designed, not to impose unequal or unnecessary restrictions upon any one, but to promote, with as little individual inconvenience as possible, the general good. Though, in many respects, necessarily special in their character, they do not furnish just ground *423 of complaint if they operate alike upon all persons and. property under the same circumstances and conditions. Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
“ In the execution of admitted powers unnecessary • proceedings are often required which are cumbersome, dilatory and expensive, yet, if no discrimination against any one be made and no substantial right be impaired by them, they are not obnoxious to any constitutional objection. The inconveniences arising in the administration of the laws from this cause are matters entirely for the consideration of the State; they can be remedied only by the State.” The definition was quoted and approved in Yick Wo v. Hopkins, 118 U. S. 356, 367.
In the case at bar no impediment is imposed by the statute to the pursuits of the defendant as a retail druggist or apothecary, except as applied to the same pursuits by others under like circumstances, and no greater burders are laid upon him than are laid upon others in the same calling and condition. This statute comes well within the above definition as “legislation which in carrying out a public purpose is limited in its application” and “within the sphere of its operation affects all persons similarly situated” and is therefore not within the fourteenth amendment.
Having thus decided the questions certified to us, the papers in the cause with our decision certified thereon, will be sent back to the District Court of the Third Judicial District for further proceedings.
Reference
- Full Case Name
- State v. Willis E. Almy.
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