The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1913-05-21
MUST DELIVER II
BOOZE MsY Be STRIPPED FROM
uruER STATES
INTO SOUTH CAROLINA
No Statute against Importation OF
Whiskey for Personal Use, Says
South Carolina Supreme Court, But
Webb Act Gives State Right to
Pass Such Law, Opinion Adds.

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 statute If 1t 80
desires, is the opinion Of the South
Carolina Supreme Court, in deciding
a case testing the constitutionality OF
the Webb Act, which was passed by.
Congress withdrawing the proteccon
Of the interstate commerce from
whiskey shipments 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 Titalized oy
the passage of the Webb Act.
'sIt 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
provide that the enforcement or
State statute would not be interfered
with, or hampered by the interstate
commerce laws" says the decision.
sIn other words, the Act in this
respect is passive" continues the de-
cision, while it is encumbent on the
states to enact legislation OF an active
nature, if they are desirous OF pro
hibiting the importation Of liquors
for personal use or other purposes.
But even if Congress had undertaken
to give validity to an unconstitution-
al state statute it would have been
beyond its powers.
while the Legislature cannot
pass an Act, validating the provision
of the dispensary statute which we
have declared to be unconstitutional.
so as to give it retroactive effect, 1t,
nevertheless, has the power to adopt
a statute with similar provisions,
having prospective effect, prohibit
ing alcoholic liquors from being i'm
ported into this State. Such a stat
ute would not contravene any provl-
sion of the United States Consdtu-
ton.
Gas we have already said, the re-
cent Act Of Congress divests intexi-
eating liquors of their interstate COM
merce character, and invests the re-
spective States with power, either to
prohibit the importation absolutely
or allow it only for sale and use
through dispensary. The classif-
cation 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 Section 1,
of the 14th amendment to the Consti-
tuition of the United States, which
provides that no State shall! deny to
any person within it's jurisdiction the
full protection of the laws
The case arose in Richland County
through W. ". Atkinson bringing
suit to secure an Injunction against
the Southern Express Company from
enforcing its order refusing to de-
liver shipments Of whiskey in South
Carolina for personal use. The in
junction is granted by the Court, the
opinion being written by Chief Jus
tice Gary and concurred in by Asso-
ciate Justices Woods, Hydrick and
Watts.
Associate Justice Fraser says: u
concede that the above statement. 80
strongly made, is correct, but I dis
sent from the judgment. The regu-
lation 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 grants the injunction
in this case on the same grounds as
in that from Richland.