Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-07-01
DELAWARE HAS
new DECISION
THE SUPREME COURT HANDS
DOWN a RULING ON
WEBB KENYON BILL.
COINCIDEs WITH Tue d. S.
Congress Has Absolute Power
Over Inter State Shipments;
Of Liquor.

Dover, Del, June 3O.-Commor
carriers in Delaware can new deliver
liquors shipped from without the
state to c%0nsignees in prohibition
territory who do not intend to use
them contrary to the law of the
state.
Carriers, however, will not be pro
tected in the delivery of liquor ship
ments originating within the state Of
Delaware to residents of dry terri
tory, and they Will be liable to prose,
cution for delivery to consignees
who intend to use the shipment con.
trary to the laws of Delaware.
Enforcement Handicapped.
In effect, the Delaware decision,
which is lengthy and reviews the en-.
tire development Of federal c0-opera-
ton with state anti-liqu0r laws, de-
clares that Delaware cannot punish
a carrier for transporting liquors of
an interstate commerce character in.
to a dry territory unless it can be
established that the consignee who
has been served by the carrier in.
tends the liquors for other than per
s0nal use.
State w. Van Wrinkle.
The decision of the Supreme
Court was made in the case of the
State versus Benjamin Van Wi1kle,
al agent for the Adams Express
Company, who had delivered a con-
signme1t of liquor to a customer
who intended 1t for his pesonal con-
supticn. The consignment had orig
mated outside the state of Delaware.
II 1t had originated within the state
the express company would have
been punished for violation Of the
law, OF If the liquors had been in
tended by the consignee for sale he,
also, would have been liable. The
two circumstances-the fact that
the shipment originated in Pennsyl-
vaaia, and that it was intended for
lawful use-in conjunction protected
the express company, but neither ex.
cuse would have served If the other
had not been in evidence.
Hazel Act.
The Delaware law known as the.
Hazel act prohibits the shipment 81
liquor iatc prohibition districts in
the state or from any district in the
United States, doctors and druggists
being exempted from the prohibi.
ton. Other persons are allowed to
receive In shipment, liquors in
quantities not exceeding one gallon
q day. The act, withia itself, would
prohibit the transportation of IL
quors into prohibition territory for
either lawful or unlawful use, but
the decision of the Supreme Court
holds that 1t is limited in its appli-
caticn to interstate shipments by
the authority of Congress over inter-
state commerce.
Fifth Division.
The Delaware Supreme Court is
the fifth to rule upon state legisla-
ton passed under the Webb-Keayon
federal act. The other courts are
the Court Of Appeals Of Kentucky,
the Supreme Court of Tennessee,
the Supreme Court of Iowa, and the
Supreme Court Of Kansas. The
Court Of Appeals of Kentucky and
the Supreme Court of Tennessee
each held that the Webb-Kenyon act
does not prohibit the shipment OF
liquor or authorize the state to pro-
hibit the shipment Of liquor when
such shipment is intended by the
consignee for any lawful purpose,
the cases before these courts pre-
senting such a problem. The Sup
reme Court CT Iowa and the Sup
reemCourt Of Kansas held that the
act prohibits an interstate shipment
when the liquor was intended to be
used for an unlawful purpose.
Thus. the rulings Of five courts are
in perfect harmony, and, generally
speaking, are according to the nm
dersta1dilg Of the law by it's advo.
Gates in Congress and by temper
ance Organizations.
State Comedies With U 8.
1t is also noticeable that in two
cases the United States District
Courts for the districts of Oregon
and Minnesota have interpreted the
Webb-Kenyon law in the same man.
ner al the state Supreme Courts
cite.
The rulings Of these various
courts seem to make it certain that
hereafter q case having an inter-
state shipment of liquor. for a lawful
purpose in violation Of a state stat.
ute prohibiting the shipment of H.
quor for any purpose and enacted
under authority Of a federal statute
prohibiting the shipment Of liquor
for an unlawful purpose will have
no standing IN court, but a case in
volving an intra.state shipment in
violation of q site statute prohibit
ing the shipment Of liquor for any
purpose will be well founded and
any case involving an interstate
shipment the use of which, accord
ing to the established intention of
the c%onsignee, will be in violation
of state law will almost certainly re-
suit in a victory for the prosecution.
Congress Power Absolute.
After citing numerous decisions
the court calls attention to the fact
that under the Constitution the
power of the state over intra-state
shipments is absolute, and likewise
the power Of Congress over inter-
state shipments is absolute. that a
state cannot delegate to Congress