E. M. Matthews Co. v. Atlantic Coast Line R. R.

Citations

• 102 S.C. 494
• 86 S.E. 1069

Syllabus

<p>1. Statutes — Repeals by Implication — Intoxicating Liauons. — Act February 20, 1915, 29 Stats. 140, regulating the shipment of alcoholic liquors intended to restrict the right to import intoxicating liquors for personal use, does not by implication repeal Criminal Code 795, providing for the sale of such liquors by wholesale druggists to certain consumers for specified purposes.</p> <p>2. Statutes—Consteuction—Maxims.—The rule of statutory construction, “Expressio wikis est exckisio alterius,” is not inflexible, and should be applied as a means of effectuating the legislative intention, and not of defeating it.</p> <p>3. Statutes—Repeal—Implied Repeal.—Repeal of a statute by implication is not favored, and, unless the intention to repeal is expressed, the presumption is against such intention.</p> <p>4. Intoxicating Liquors — Transportation — Druggists ■— Right to Receive.—Act February 20, 1915 (29 St. at Large, p. 140), prohibits the sale, purchase, or transportation of intoxicating liquors within the State, whether in interstate shipment or not. Section 8 reads: “Nothing herein contained shall prevent the sale or transportation of alcohol under, and in accordance with, the statute of this State, as contined in Criminal Code of 1912, sections 799, 800, 802 to 812, inclusive.” Section 799 provides for the sale of alcohol by retail druggists for use in the arts, scientific and mechanical purposes. Section 800 provides for a statement by the purchaser of alcohol and the filing thereof by the clerk. Section 802 provides for the filing with the clerk of Court of all statements required by statute. Further sections provide penalties for the violation of the statute. Section 795, not referred to in the 1915 statute, provides for the sale of alcohol by wholesale druggists to certain consumers lor certain purposes specified, and prescribes the manner and conditions of such sales. ■ Held, that although section 795 was not expressly excepted from the statute of 1915, the