The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-05-17
WH|SKEY SHIPMENTS LAWFUL.
LIQUOR MAY BE IMPORTED INTO
THIS STATE FOR PERSONAL
USE SAYS COURT.
However, State Has Right to Pro-
hibit Liquor from Being Shipped
into Its BOrders-Case from Rich
land County Brings up Question.

Columbia, May 15.-That there is
no statute by the State of South Car
olina prohibiting the importation Of
whiskey from another state for per-
sonal use 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 deciding a
case testing the constitutionality of
the Webb act which was passed by
congress, Withdrawing the protection
of interstate commerce from whis-
key shipments from one State to an
other. The supreme court held that
the old dispensary act forbidding the
ordering Of whiskey for personal use
from other States, having been de-
clared unconstitutional, before the
passage of the Webb act, could not
be vitalized by the passage of the
Webb act.
1T 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 q State
statute would not be interfered with
or hampered by the interstate COM
merce laws" says the decision.
I'm other words, the act in this
respect is passive" continues the de-
cision, while it is incumbent on the
State to enact legislation Of an ac-
tive nature ii they are desirous of
prohibiting the importation Of liquors
for personal use or other purposes
But even if congress had undertaken
to give validity to an unconstitutional
State statute it would have been be-
yond it's powers.
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 a retroactive effect, it.
nevertheless, has the power to adopt
a statute with similar provisions hav-
ing a prospective effect, prohibiting
alcoholic liquors from being import
ed 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 their
Interstate commerce character and
invests the respective States with
power either to prohibit the importa-
tion absolutely or allow it only for
sale and use through a dispensary.
The classification Of the counties. so
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 it's juris,
diction the full protection of the
laws"
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 saws:
Il concede that the above statement
80 strongly made is correct, but I
dissent from the judgment. The reg
ulation complained of in the petition
refers exclusively to interstate com.
merce. and think this court has no
Jurisdiction to interfere"
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
that from Richland.