v.
State
Jenkins, by his friends familiarly called Jinks, had' a little store in La Grange; and to the rear, partially cut off by a. partition wall, was a smaller room, in which no goods were usually-bought and sold, but in which he kept coca-cola and stored “plun- • der.” Eor some reason — he doesn’t explain why, but then some-officers are naturally suspicious of some folks — the chief of' the-police of the city suspected that Jinks was occasionally selling a little liquor. So on a certain Saturday afternoon the chief of police, sauntering leisurely in the neighborhood of the store, was. “given the wink” by some one who had been stationed to watch, and immediately thereafter, going into the store and into the-back room, found a man and two women standing in the presence-.[*860] of a two-gallon jug and some whisky glasses. The jug was empty, but the mouth of it was still wet and smelled of the corn whisky which had just passed through it. The glasses, too, were moist, and in the bottom of one of them remained about a teaspoonful of corn whisky. Upon the interruption of the policeman the party explained that they were drinking eider. The suspicious gaze of the officer fell also upon a closed box, the contents of which were guarded with a lock; so he asked Jinks if he might see inside the box, to which Jinks replied that he might. When Jinks unlocked the box another small bottle of whisky was found therein. There was also in the store a trap-door, leading into a cellar. In the cellar was found a number of empty jugs. The officer had no warrant for the defendant’s arrest and no search warrant for his premises. The testimony of the defendant’s witnesses was to the effect, that he,' together with a party of friends, had ordered some whisky on joint account; that on the night before, it had arrived in the defendant’s absence, and they had divided it and had left the defendant’s share in his back room. The defendant himself explained the presence of the liquor in the box, by saying it was a little he was beeping for his wife. We may say, in passing, that the wives of this country must be hard drinkers if all the explanations of husbands as to their possession of liquors is to be taken as true. The defendant was put on trial for violating the prohibition act of 1907, by having and keeping liquor on hand at his place of business.
That the foregoing definition is not evolved factitiously, or by refining beyond due and legitimate refinement, will be apparent to any one who takes the pains to call to mind a few examples of the use of the word “at.” As showing how this preposition varies in range of meaning, according to the nature of the thing which constitutes its grammatical object and of the principal notion in the speaker’s mind, we give the following examples. It is correct to speak of a young man as being “at” the University of Georgia not only when he is in the buildings or on the campus, but when he is in or near Athens, the seat of the University, and is connected with the school in any of the usual relations. It --would not be correct to speak of one having no relationship to the school as being “at” the University of Georgia, unless he were at least upon the campus. The word “at” in the statement “The[*863] view at Mount Yonah is magnificent" is broad enough to compass .a wide range of territory. We say he lives “at New Hope Church" of a man who lives not in the church, but somewhere in the community in which the church is located. But if we say, “He took communion at New Hope Church” we mean in the very church-house itself, unless something else, known or assumed to be contained in the principal notion in connection with which'the statement is made, otherwise limits its meaning. So we conclude that it would be unnatural and unreasonable for us to catch in the phrase “at their place of business,” found in the prohibition statute, no other meaning than we would catch if the phrase “within their place of business” had been used.
We wish to say further that the foregoing approach to a definition is provisional only. It may need future extension or limitation. The law is of too recent enactment and the illustrative cases have been too few for us to believe that our judicial comprehension of the many new questions naturally arising under it has become sufficiently developed to compass the whole field, and to evolve a final definition. It is our whole desire to arrive at an •open-minded, unbiased interpretation of the law and of every part •of it; such an interpretation as will be judicial and intelligent and as will give the legitimate effect to the legislative will, without either limitation or extension on account of the personal views •of ourselves, or of anybody else, or of any class of persons.
Lawyers and trial judges, in making application of the definition announced, should be careful to remember that it is to be taken in connection with the other provisions of the prohibition law itself and with the previous decisions of this court on the name and cognate subjects. It should be kept in mind that we are now dealing with the phrase “at their place of business,” and not with the other phrase found in the act, “at any other public place.” The underlying considerations for prohibiting the keeping of liquors at places of business are broader than the reasons for prohibiting their being kept or had at other public places. It must be remembered, too, that the “business” referred to in the phrase now under contemplation means, as its context shows, trade or some form of commerce. The Roberts case, supra, makes this distinction clear.
[*864] The present defendant was clearly guilty of keeping the intoxicating liquors at his place of business. It was not necessary for the State to show, as he contends it should have shown, that the liquor was publicly kept. Usually less harm is likely to result from a public than from a secret keeping of liquor at a place" of business. .