Page:Federal Reporter, 1st Series, Volume 9.djvu/705

 690 FEDEBAli BKPOBTEE. �The business was carried ou in a small room in liis dwelling, and was under the exclusive control of his wife. She kept the key of the rooin, and never allowed her iiusband, who was an intemperate man, to Qnter except when she was present. A deputy collector, while on a visit of inspection, discov- ered a cask which was duly stamped and had contained distilled spirits. ihe witnesses for the prosecution stated that the cask was entirely empty. Wit- nesses on the part of the defence stated that the cask was not entirely empty, but still contained about a pint or quart of spirits. The witnesses for the prosecution also stated that the wife of defendant was present at the time of inspection, and admitted that the cask was empty. The witnesses for the defence stated that the wife said, at the time, that she had emptied the cask that day as far as she could by the faucet, and had turned the cask up on the head so that she might procure assistance to draw ofif the entire contents through the bung-hole. The defendant was not present, and never had any- thing to do with carrying on the business except permitting the use of his house and allowing his name in procuring the liceuse. �James E. Boyd, Dist. Atty., for the United States. �J. W. Bowman and J. W. McElroy, for defendant. �DicK, D. J,, (charging jury.) It is conceded that the stamp on the cask was not effaced and obliterated as required by law. The only controverted question of fact which you have to determine is, was the cask empty when discovered by the deputy collector? The affirma- tive allegation is made in the indictment, and is material in constitut- ing the offence charged; and, before a conviction oan properly be had, you must be satisfied from all the evidence, beyond a reasonable doubt, that the allegation is true. �As the statute upon which this indictment is founded is highly penal, a general rule of construction requires that it shall be strictly con- strued, and not extended by implication. The words in a statute, if of oommon use, are to be taken in their natural, plain, obvious, and ordinary meaning. The offence charged in this case is a failure to efface and obliterate a stamp "atthe time of emptying such cask," etc. You will consider what is meant by the words "emptying such cask." The ordinary signification of the verb "to empty" is to "make void;" "to exhaust;" "to deprive of the contents." If this ordinary signifi- cation of the Word used in the statute is adopted, the defendant can- not be convicted unless the evidence shows that the cask was com- pletely deprived of its contents — not a pint left. I am not disposed to adopt this strict literal construction, as there is another important rule in the construction of statutes which must be observed. We must consider the object andspiritof the statute, and try to ascertain, from the language of the whole and every part of the statute, what was the intent and purpose of the legislature in making the statute. TI.J ��� �