The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-05-16
IS NOT PROHIBITED
By THE STATE LAW
LIQUOR MAY BE SHIPPED HERE
FROM OTHER STATES.
Nc Statute Against Importation of
Whiskey For Personal Use, Says
Supreme Court.

Columbia, May 14-There is no
statute by the State prohibiting the
importation of liquor from another
State for personal use, and the Webb
act gives the State the right to enact
such a statute if it so desires, is the
opinion of the South Carolina su
preme court, in deciding a case test
ing the constitutionality of the Webb
act, which was passed by congress
withdrawing the protection of the in
terstate commerce from whiskey ship
ments from one State to another
The opinion holds that the old dis
pensary act, forbidding the ordering
of liquor for personal use from other
States, having been declared uncon-
stitutional before the passage of the
Webb act, could not be vitalized by the
passage of the Webb act
Intention of Webb Act.
at is not he intention Of the Webb
act tc interfere with the policy OF the
State in regard to the importation Of
liqaor, but memerly to provide that the
enforcement OF a State statute would
not be interferred with, or hampered
by the interstate commerce laws"
says the decision.
In ether words, /the act in this re-
spcct ic nassive," continues the decis-
ioii. "yi,:1e it is encumbent on the
Stf les TO enact legislation Of an act
i've nature. If they ara desirous of pro
hill tin tn Importation Of liquors.
BIZ even i: congress had undertaken
to :.a vc,,iiiitts to an unconstitutiona
State sctatute it would have been be-
yond its powers.
Powers of Legislature.
while the legislature cannot pass
an act, validating the provision of the
dispensary statute which We have de-
cIared to be unconstitutional, so as to
give it a retroactive effect, it, never
theless. has the power to adopt stat
ute with similar provisions, having a
prospective effect, prohibiting alcohol
ic liquors from being imported into
this State Such a statute would not
contravene any provision of the Unit
ed States constitution.
LAS we have already 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 importation absolutely or allow it
only for sale and use through dispen-
sary. The classification of the count
les so as to allow the sale Of liquor in
some of them, while it is not prohibited
in others, would not be violative Of
Section /, of the 14th amendment to
the constitution of the United States,
which provides that no State shall
deny to any person within its jurisdic-
ton the full protection of the laws"
Case From Richland. -.
The case arose in Ricnland county
through W. W. Atkinson bringing suit
to secure an injunction against the
Southern Express company from en-
forcing it's order refusing to deliver
shipments of whiskey in South Caro-
! lima for personal use The injunction
is granted by the court, the opinion
being written by Chief Justice Gary
and concurred in by Associate Justlc-
es Woods, Hydrick and Watts.
Associate Justice Fraser says: "l
concede that the above statement, so
strongly made, is correct, but l dis
sent E. M the judgment. The regula-
ton complained of in the petition re-
fers exclusively to interstate COM
merce, and | think this court has no
jurisdiction to interfere"
A test came was brought under the
same conditions in Kershaw county,
and the court grants the injunction in
this case on the same grounds as IN
that from Richland.
No Services.