Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-12-10
WEST VIRGINIA DRY"
LAW CALLED IN QUESTION
Important Case Is Argued in United
States Circuit Court OF
Appeals.
SOLICITING ORDERS BY MAIL
Case Involves Right of Express Conn
pany to Deliver Liquor When
Order Has Been Solicited by
Mailed Price List.

with the validity Of its rigid pro-
hibitory laws at stake. the State of
West Virginia, by counsel. appeared
yesterday in the United States Circuit
Court of Appeals as plaintiff in in
j"nction proceedings against the Adams
Express Company. which 1t seeks to
restrain from delivering interstate
liquor shipments. unless the consignee
can show conclusively that the con-
signment was ordered without solicit
tation, either In person, by mail or
through advertisements. The case
comes up from the United States Dis
trict Court for the Southern District
OF West Virginia, where a decision In
favor of the defendant was rendered.
An opinion. 1t is expected. will be
handed down within the next two
weeks. as the case was advanced on
the docket in order that the question
could be speedily settled.
:, Fred .. Blue. commissioner of pro-
hiDltion. Charleston. w. Va: w. b..
Wheeler. Columbus. o., and G. w
Crnbbe. Charleston. w. Va, appeared
ginia yesterday and argued the case.
Maxwell x Ramsey, Cincinnati: George
p. Price. Charleston. and Joseph S.
defendant cooperation. H The argue sme
ments continued for several hours
Gireuit Judges t; Knapp and Woods and
attendance, took the arguments under
Amusement.
MANY CONSTITUTIONAL
POINTS ARE INVOLVED
Many fine legal points. some OF which
involve the Gonstitutionnlity of Federal
statutes. will be decided by the court.
The state of West Virginia contends
that Its laws. which forbid the solicit
tation Of orders for liquor become ap-
plicable to interstate shipments through
the provisions of the Webb Kenyon
arpht ant II act, and the Wilson act.
Inc defendant company asserts, and
was upheld by. the lower court in its
contention. that the effect of the West
VI Virginia sh statutes Is to prevent the use
orders and that IL the Federal statutes
countenance this. they are necessarily
GTSohtrary to the Constitution OF the
\ Cincinnati wholesale dealer mailed
price PR =, lists and, and other advertising mat
subsequently ordered a shipment of
beer. The consignment was shipped by
the the Adams dam Express Company. which
County Circuit Court from making de-
United States District Court - and and
brought here on appeal.
( On behalf of the plaintir. COUNSEL
yesterday argued that the laws OF West,
N Virginia m, made the place of delivery OF
Person who solicited liquor by mali
was just as guilty of violating the law
as one who did the same act in person.
Because the .violator lived outside the
inaiiy ne IF eo tbe not De erin
In this violation of the law, they be-
come common .nulsances and rs such
can be abated by a court of equity.
Should the court hold the statutes of
West Virginia to be defective. 1T will
be decided blow to prohibitionists,
and another method must be devised to
keep shipments of liquor out of dry
territory. The Legislature OF West Vlr-
Einia Is to convene shortly. and 1t is
the desire, of missioner Blue to have
the question settled now, In order that.
II necessary, other measures may be