Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-11-21
PROHIBITION LAW TO BE
CONSTRUED BY COURT

NN0HeiuuSU CiTSt iVSc.D
was ordered by tho consigmce Without
having received advertisements. price
lists or solicitations of orders
STATE QUOTES FROM
TERMS OF WILSON ACT
In the bill or complaint, the State
quoted from the Wilson act. which
makes all liquors shipped from another
Stntc subject to tho operation Ind Of
feet OF laws enacted in tho exercise
of It's police powers. 1T also invoked
tho Webb Kenyon bill, which forbtds
the shipment Of liquor whore the con-
signment Is to be used In violation Of
tho LAWS OF the State into which it Ia
to be ahIpped.
District Judge Keller, in dissolving
the temporary Injunction. said in part:
Edward Beigel. ono OF the defen.
uants. Is Wholesale dealer In Gin
cinnatt. Prior to July l, 1914, when
tho West Virginia prohibitory law
went into effeet, no had been In tho
habit OF mating letters to Inhabitants
OF West Virginia. advertising his
goods for sale and Enclosing price
lists thereof. Since July i he has
continued tho practice, and I talke Il
TO be admitted for tho purposes Of
this case, that ho sent such letters and
circulars to r.. II. Clcndenin, who
thereupon ordered by letter for his own
personal use, une-quarter barrol OF
thereof Beigel delivered tho beor to
the Adams Express Company for de-
livery. and on It's arrival mt Charles.
ton this suit WAS brought.
USE OF MAILS IN GIVING
ORDER is CHIEF CONTENTION
"Tho State contends that the effect
or Its own legislation and the Federal
legislation contained in tho Wilson
act and tho Webb-Kenyon net is to
Iehder IL unlawful for wholesale
dealer in Ohio, and having both State
and Federal licenses for tho conduct
or his business, to use the United
states mails to inform citizens of West
Virginia OF his business and tho terms
upon which 1t is conducted. At tho
same time 1t was admitted that tho
citizen OF West Virginia intending
liquor for hla own use had a right to
order It from n licensed dealer, and,
unquestlonably. would have n right to
inquire by mail or otherwise of the
dealer as to his prices, in which case,
of course. tho dealer would have q
right to afford tho information de-
sired: but. II is argued that when
dealer opens such correspondence by
letter or circular advertising his busi-
ness, he therefore violates the State
law and further vitlRtes the subse-
quent and otherwise lawful order Of
tho person receiving such letter or cir
cular. I do not conceive that such
use OF the United States mails can or
does violate any section OF the State
laws or that tho court OF last resort
would so construo It.
DOES NOT BELIEVE STATE
CAN BAR USE OF MAILS
However. II 1t should 30 construe
the act. / have no doubt that tho
highest Federal court would hold the
law In that respect unconstitutional.
However. that IN a matter not directly
arising here, ms I do not construe the
state law as attempting TO forbid the
uso OF the United States mails to nom
resident wholesalers OF liquor in nd-
vertising their lawful business
"Hence there ia nothing In either the
Wilson act or the Webb-Keryon act
which authorizes the State to Interfere
with the shipment and delivery OF
liquors ordered by n citizen OF West
Virginia for his own personal use from
n licensed wholesale dealer without the
state. and 1t follows that the prclimi-
nary injunction awarded by the Kama
wha Circuit Court should DO dissolved
and the bin dismissed"
Tho case for tho State OF West vir-
glnia will BIO argued by Fred o. Blue,
commissioner of prohibition, and by
George e. Price for the defendant
company.