American Express Co. v. Iowa, ante,
MR. JUSTICE White delivered the opinion of the Court.
This was an indictment against the Adams Express Company, in a
court of Iowa, for maintaining a nuisance in violation of a section
of the Code of that state. It was charged in the indictment, in
substance, that the Adams Express Company, between July and
December, 1900, at St. Charles, Madison County, Iowa, used a
building for the purpose of selling intoxicating liquors therein,
contrary to law, and that the company owned and kept in said
building intoxicating liquors with the intent unlawfully to sell
them within the state, contrary to an Iowa statute. There was a
plea of not guilty, a trial and verdict of guilty, and a sentence
imposing a fine of $350 and costs.
An agreed statement of facts was stipulated, from which it
appears that the Adams Express Company was a common carrier,
engaged in the express business between the states of Missouri and
Iowa; that it received the liquor in question at
Page 196 U. S. 147
St. Joseph, Missouri, to be carried to St. Charles, Iowa, there
to be delivered to the consignees whose names were upon the
packages, and that each and all were marked C.O.D., meaning that
they were not to be delivered by the express company to the
consignees until the purchase price and the express charges were
paid to the agent of the express company. It was further recited in
the statement of facts that the only connection of the Adams
Express Company with the transaction or transactions in relation to
said liquors was as a common carrier, having received the same in
Missouri for carriage to the consignees at St. Charles, Iowa.
The trial court charged the jury in substance that if from the
evidence, it appeared beyond a reasonable doubt that the defendant
express company held at its depot for delivery to the consignees
packages of liquor shipped from other states upon which the price
was to be collected under a C.O.D. arrangement, the defendant must
be found guilty of keeping and maintaining a place for the sale of
intoxicating liquors within the meaning of the Iowa statutes.
On appeal to the Supreme Court of Iowa from the judgment of
conviction, the action of the trial court was approved upon the
authority of the case of the State of Iowa against the American
Express Company, and at bar it was conceded that the issues in this
case "are identical in every particular" with those which were
involved in that case. As we have just reversed the judgment of the
Supreme Court of Iowa in the American Express Company
case, it follows, for the reasons stated in the opinion in that
case, that the judgment in this must also be reversed.
The judgment of the Supreme Court of Iowa is reversed, and
the cause is remanded to that court for proceedings not
inconsistent with this opinion.
MR. JUSTICE HARLAN dissents.