Evening journal., 1913-03-05
NOT WORRIED
OVER WEBB BILL
Baltimore Dealers Expect Webt
Statute to Reach Court
in Test Case


BALTIMORE. Md, March 5-Balu
more wholesale liquor dealers are not
permitting themselves to become con-
cerned as yet over the passage by
Congress over the veto Cf the Presl-
dent of the Webb bill, forbidding the
shipment Of liquor into a State for
purpose or use forbidden by the laws
Of that State. The trade here expects.
of course, that at the proper time q
test case will be made and a judicial
Interpretation Of the new law, with a
decision on its constitutionality, oh
tained from the United States Su-
preme Court
In the meantime the trade possesses
its soul in patience. The bill has be-
come a law and is effective now so
FAR as the National Government is
concerned. The enforcement of the
law, or rather the right to take ad-
vantage Of the privileges of the law,
is left g. the States. There is no pen
atty provided for a violation of the
Webb act as such II provides mere
ly that the interstate character of the
shipment shall not protect liquor from
seizure if the shipment is forbidden
by the States laws.
1t is understood in Baltimore that
the laws of the States as they exist
today provide no effective machinery
for taking advantage Of the Webb
bill There may he few exceptions
but this is the rule. Legislation to
accomplish these ends has been intro
duced in several of the States, and
perhaps some of these measures have
by this time received the sanction Of
/ the Governors. Legislation of this
type is referred to usually as search
and seizure" bills. and the States
will have to have some such powers
as these measures confer before tehey
can take advantage of the Webb bills
provisions
Initiative With States.
The initiative in the matter. there
fore, is with the States that have pro
hibition territory. and it is up to them
to act. Until they do It is probable
that Baltimore wholesale dealers will
do exactly as they have done in the
past, continuing their shipments into
prohibition States and parts Of States
as we'll as into States and counties
that are wet.
The liquor dealers contention that
the Webb bill is unconstitutional and
that it will be so declared when the
issue is presented in the courts is
based on the fact that the regulation
Of interstate commerce is conferred
by the Federal Constitution on the
National Government and that the
! Webb bill is in effect a delegation OF
J that power to the several States II
is contended that Congress cannot
delegate its powers Of regulation.
The express companies are not wor-
rying themselves either No Stat
now forbids a man to drink liquor OF
10 keen IL i'm his own house for the
use Of himself and his guests. and the
| express companies take the position
that the shipments made throu gf
them are not of a character to pui
! them on notice that the liquor is I,
be used for any other purposes thar
those the laws of a State recogniz,
as lawful and proper.
J G. q. n. Practice Goes Out.
It is likely that the old c. o. D
shipments. if the practice anywhere
survives, will go promptly. by th'
board. The express companies sa.
these shipments have been abolished
anyhow, but If it should develop tha
there are any surviving exceptions e
the rule T. ey will be cut out Whei
the practice was in full bloom It wal
the custom Of some liquor dealers Il
ship plentiful supply Of the cup tha
cheers i'm jugs consigned to variou
more or less mythical persons a
some express office.
When one of the thirsty felt tha
his soul craved refreshment he hiei
himself to tine express Office. inquiries
casually for a consignment of liQuo
to John Doe or Richard Roe or VII
liam Shakespeare. received a jug, pai'
the price and the express charges AM
departed. Under the Webb bill
would hardly be possible for the ex
press companies to say that they fol
lowed this practice in innocence,
IL survives anywhere, It is certain 4
be abolished
No revised orders as to liquor ship
ments have been received by tn
agencies of the companies here, al
though such regulations are expects
shortly.