., .I ”t"'--val"*‘1WWM _ , V I“ 7 I “Agni; I..;Z— . ,,I, L,
i? goods were prepaid by the shippers, but on each package was narked
; "C.O.D. charged", which were paid by the consignee to the Agent at
ii the place and time of the delivery and was returned by the Agent
2} so receiving it,oy express, to said Company at Cincinnati, and there :
r delivered to the shippers. It is contended by The Connouwealth thd} I
‘7 this was a violation of Sec. 2557 B—4, KcntucKy Statutes. Defendant ‘
.‘ says Not; and that the said Statute was and is in violation of '
, Section 8 of the constitution of the United States which is "Congress
; has power to regulate Commerce with foreign nations and among the
‘ schral states and with the Indian tribes", and in so far as the
' said Act of the Kcntwct/ Legislature undert~kes to interfere, reg-
ulate or restrict inter-State commerce, it is unconstitutiwnal and
void. ————— American Express Cormany v. Iowa, 136 U. S. 153; Adams
‘ EXpress Company v. Iowa, 156 U. S. I47. I
The trial Court erred in not sustainin? the defendant's motion
to instruct the jury to find for Defendant; and further erred in
instructing the jury as in No. I and No. 2 given and No. A and No.B.
asked and refused. In instruction No. I giVen, the benefit of the
‘ protection of Inter—State Commerce is withheld from defendant upon
I either of three propositions:-
I I. If the goods were consigned from an unknown fiIlppeT,
‘ 2. Tlat Hobinett had not ordered the merchandise which
5 the Court says in the instruction was whiskey,
{ 3. Thai defendant or its agent Know that hobinett had not
ordereed the same, or had notice that the some had
i not been ordered by Robinett
% any one of which was sufficient, according to the Court's idea
i expressed to authorize the jury to rind the defendant guilty.
1 Tiernan, witness for defend nt, shows that the packages daily
E handles by the defendant Company in Cincinnatu amount to 15000, more
i than ten packages each minute of the day. What time, I ask, would
I this allow the defendant Company to make inquiry of each shipper to
} find out the details of the transaction of every package tendered
} for shipment? You answer, a most unreasonable requirement which would