The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1913-05-22
CAN ship LIQUOR
into THIS STATE
There is No Law Prohibiting
Its Importation.
CAN COME IN FOR
PERSONAL USE
The Webb Act Defined BY
State Supreme
Court

no statute by the State of South Car
olina prohibiting the importation OF
whiskey from another State for per-
sonal us> and that the Webb act
gives the State the right to enact
such a statute, if it so desires, is the
decision of the supreme court in de-
Gliding case testing the constitutions
ality of the Webb act which was pass
ed by congress, withdrawing the pro-
lection of interstate commerce from
whiskey shipments from one State
to another. The supreme court held
that the old dispensary act forbid
ding the ordering of whiskey for per-
sonal use from other States, having
been declared unconstitutional, before
the passage of the Webb act, could
not be vitalized by the passage of the
Webb act.
Intention of Act.
'It is not the intention of the
Webb act to interfere with the pol
icy of the State in regard to the i'm
portation of liquor but merely to pro-
vide that the enforcement of State
statue would not be interfered with
or hampered by the interstate COM
merce laws" says the decision.
I'm other words, the act in this re-
spect is passive continues the de-
cision, while it is incumbent on the
State to enact Legislation of an ac-
tive nature if they are desirious OF
prohibiting the importation of liquor
for personal use or other purposes
but even if congress had undertaken
to give validity to an unconstitution-
al State staute it would have been be-
yond it's powers.
Power of Legislature.
"While the legislature can not pass
an act, validating the provisions OF
the dispensary statute which we have
declared to be unconstitutional so as
to give it retroactive effect, it new
ertheless, has the power to adopt a
statute with similar provisions having
prospective effect, prohibiting alco'
holic liquors from being imported into
this State.
"Such a statute would not contra
vene any provision of the United
States constitution. AS we have al
ready said, the recent act of congress
divests intoxicating liquors of thel1
interstate commerce character and
invests the respective States with
power either to prohibit the importa-
ton absolutely or allow it only fol
sale and use through a dispensary
The classification of the counties, sc
as to allow the sale of liquor in some
of them while it is not prohibited in
others, would not be violative of Sec
ton of the 14th amendment to the
constitution of the United States
which provides that no State shall
deny to any person within its juris,
diction the full protection of the
| laws"
Case from Richland.
The case arose in Richland county
through w. w. Atkinson bringing
suit to secure an Injunction against
the Southern Express company from
enforcing its order refusing to deliver
shipments of whiskey in South Car
olina for personal use. The injunc-
ton was granted by the court, the
decision being written by Chief JUS
tice Gary and concurred in by AS
sociate Justices Woods, Hydrick and
| Watts. Associate Justice Fraser says:
Il concede that the above statement
so strongly made is correct, but
dissent from the judgment. The reg
ulation complained of in the petition
refers exclusively to interstate COM
merce, and I think this court has NO
jurisdiction to interfere"
A test case was brought under the
same conditions in kershaW county
and the court granted the injunction
in this case on the same grounds as