Evening journal., 1914-06-16
CAN SHIP LIQUOR FOR
LAWFUL USE FROM OTHER
STATES TO DOWNS STATE

to the enactment Of the Webb-Kenyon
law. the State OF Delaware could not
have yalidly enacted a statute making
it unlawful to ship liquor from an
other state into a prohibition district
Of this state for any purpose. such an
act being beyond its own power and
not being sanctioned by Congress
either express or implied. But by the
Webb-Kenyon act. Congress expressed
ITS sanction TO such a law as the State
OF Delaware might desire TO enact
prohibiting the shipment OF liquor
from other states into certain dis
tricts Of this state, when 1t was there
70 be received, possessed, sold or used
IN violation Of the law of this state
Upon authority Of this act the State
Of Delaware enacted the Hazel law.
prohibiting with like intent. the ship
ment OF liquor from other states into
prohibition districts Of this state.
there to be used for unlawful pur-
poses TO this extent the Hazel law
IS valid, II the Webb-Kenyon law Is
valid But the state OF Delaware
went further and By the same law
prohibited the shipment OF liquor
from other states into prohibition dis
tricts OF this state, there 10 be used
for purposes recognized by the act it.
self 70 be lawful For this much of
the Hazel law, the State OF Delaware
was without authority OF its own ana
without the aid Of the Wehb-Kenyon
act, for the Wehb-kenyon act did not
prohibit nor did IL authorize a state
to prohibit the importation Of liquor
into a prohibition territory, when the
liquor was intended for a lawfus pur-
pose The Hazel Act. therefore. inso-
far as it prohibits the shipment Of
liquor from another state into a pro
hibition district of this state when the
liquor is not intended to be received,
possessed, sold or In any manner
used in violation Of the laws or this
state, but is intended for lawful
purpose, is an enactment without con-
stitutional authority and when in
yoked In such cases, amounts to an
interference with interstate com
merce. and is therefore void.
THE authority that eonfers upon
the federal government irs supreme
control over commerce nationwide in
extent, recognizes the supreme con
troll by a state over commerce that is
entirely within its own borders The
Hazel law, therefore. is a valid enact
ment insofar as It regulates, limits or
prohibits the shipment Of LIQUOR from
one part Of the state Of Delaware into
the prohibition districts in another
part OF the state. The validity of the
Hazel law and the obligation Of ali TO
conform to that law, so far as 1t pro-
hibits intrastate shipments Of liquor.
is not open to dispute. N. o. & T. r.
r. G. v. Commonwealth, 126 KY 56S,
l04 S. W. 394; L. & n r. RI Co. v.
Cook Brewery CO., 223 Z. s. 20, 81;
Adams Express Co. v. Commonwealth,
157 W. CKy.) sos; Bowman v. Chi
cago, &c Ry Co, 125 u. s. 465. 493
501 Mugler v. Kansas, 123 u. s. 623.
much was said IN the argument
touching the validity Of the Webb
Kenyon law, but as we have reached
the conclusion that the prosecution
against the defendant below must
fail because this legislation isfnot ap-
plicable under the agreed facts to the
transaction for which he was in
dicted, there is for that reason no case
before us calling for a consideration
of. or iustifying a decision upon the
Of that legislation
In disposing Of this case, we are not
called upon to assert or deny the con-
stitutionality Of the Webb-Kenyon
law That is a subject for the con
sideration Of this court and for deter
minatlon by the court having author
ity to render final judgment, upon a
proper case being presented"