The Birmingham age-herald., 1914-07-02
MORGAN COURT IS REVERSED IN CASE
 AGA|NSTEXPRESSC CO.
Important Decision Concern ing the Webb Law Is Handed Down in the
 Supreme Court

Montgomery. July 1.--(Speciall- the Webb law prohibiting the transpor- tation of liquor from one state into another state for illegal purposes, di- vests intoxicating liquor of it's interstate character and withdraws from 1t inter- state protection, only when such an ar ticle of commerce is an outlaw. and the the act in question was imperative when applied to the delivery of intoxicating liquors by the Southern Express comp any in Morgan county Is the opinion of the supreme court of Alabama. The courts decision was in the case of the Southern Express company against the state, which was brought in the Morgan county law and equity court to restrain the carrier from keeping liquor stored at it's warehouses in Morgan county and from delivering such articles to consign- ees. In the lower court the writ of in- Junction was granted.
 The supreme courts pronounciamento Is the first that has been made by any state court as to the construction or in- depreciation of the Webb act, and is con- sidered the most important decision the court put out at the last term. The " sociate Justice deGraffenred
 DeGraffenried Comments
 In speaking for the courts, Judge de- Graffenreid declared the Webb act by its terms, .does not prohibit the transpor- tation of intoxicating liquor from one state to another except upon the conting- ency that tue liquor is to be received possessed or kept, or in some way used in a manner prohibited by the laws or the state into which such liquor is to be, or is in fact, imported.' Moreover, ac- cordng to the court intoxicating liquor, as an article of interstate commerce, IS not an outlaw, but is an outlaw under certain conditions, particularly when in tended to be used for illegal purposes. Judge deGraffenreid declared that the stringent prohibition laws which became operative in Alabama upon the adoption of the "Carmichael and Fuller" bills are still operative in all parts of the state except where an exception has been engrafted upon them through the opera tion of the Parks" and Smith" bills '.The Webb bill, which we have above quoted, outlaws intoxicating liquors which are shipped into this state from another state for illegal purposes" says the court. Intoxicating liquors which are shipped into this state from another state for illegal purposes are, therefore, in so far as this state is concerned, not the subjects of interstate commerce. They are outlaws and are to be dealt with by the courts as such. The prohi- bition laws of this state, as they now exist, are sufficiently orosd to CD es all liquors wh'eH ne per<sa eaa lawsdlly have ie Hessession. and they ean be immed iely operative unan ali lie ors shippe, Ter Illegal pu1posss ln6e his state ga nther states Cpan lF Is sage Hs webb hii
 
 Slate's roNg gna1es.ta a
 The cepsf aliarsa n s# pevsr o tne sta e s4Aifft .ss Ecat sa.s s4 'sa of liquc rom a wei part of tie stass in- to dr, art of tbs state is paansstiqaed Why, seen. F hs United States govern ment possesses ia flol exclusive COZ trol over interstate zeenrneres, that gog- ernment. ta meet ihe needs and eaqrfs of the st e aissourast the ase of in- toxicatini lIc1ats dees not pas @s she power to s4elaw rom tha l Of federal commerce dq2ors h.t use in s5eh Esaf ia een..avention of their law --. 70 unable to see,' said the court. The power to which we refer must be lodged somewhere. 1t is not In the states, because the state surrendered their power in the premises when they adopted the constitution.
 In interpretating the Webb bill, the supreme court declared that it was in- tended as protection to the states which had prohibition laws and as an aid in the enforcement of those laws.
 But the Webb bill could not be made to apply in the Morgan county case be- cause it was not shown that the liquor delivered by the Southern Express comp any was used for other than legal pur- poses The court reversed the lower tribunal, and rendered decision in favor of the express company.