The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-01-12
Webb AW
Does Not Stop Sale of Liquor
and is Only an Aid to
Prohibition.

what will be the effect of the ex-
istence of the so-caIled Webb-Kenyon
bill in. this state when the prohibition
amendment goes into effect on July 1,
1912 was asked John Marshall, as
sistant United States attorney. MI
Marshall, in response, prepared the
following analysis of the statute.
"The purpose of the act referred to
as indicated by its title is an act d.
vest!ng liquors of their interstate
character in certain cases" The act
itself is as follows:
BE, it enacted by the Senate.
and House of Representatives. OF
the United STATES of America in .
-g Congress assembled, That the
shipment or transportation, in
any manner or by any meaHs
whatsoever, of any spurious
vinous, matted, fermented or
other intoxicating Equcr OF any
kind FROM one state, territory
or district of the United STATES
or Mace 1lAncontiguous to but
subject to the jurisdiction there
5of. into any other state, terri-
tory. or district of the United
states, or place noncont guous to
but subject to the jurisdiction
thereof. or from any foreign
country into any state, territory
or district OF the United States
or place noncontiguous to but
subject to the jurisdiction there
of, which said spurious, V.nous,
matted, fermented, or other lnto%-
( icating liquor IS Intended, by any
person interested therein, TO pc
received possessed, sold, or IN
any manner used, either in the
original package or otherwise, IN (,
violation Of any law of such s'a z,
territory. or district of ths Iaited
States. or place nonconti "1rs p
but subject to the jurisdiction
thereof. is hereby prohibited
cit will be noted that the contln-
gencv which divests liquors Of their
Interstate character is when 1t is in
tended by the person interested there
in to receive, possess, sell or IN any
manner use the liquor In violation OF
any law OF 1.-THE state. What uses
shall be deemed unlawful can only
be determined, by an Interpretation
of the state enactme nt which takes
effect. as is we'll known, July i, 1914
What the advocates and friends OF
this measure in prohibition states ex-
pected to accomplish. l am not adj.
vised, except that from the vigorous
manner in which it was urged, It IS
to presume that 1t was eX-
pacted to be very effective means
Of maintaining actual prohibition in
dry states.
ION the other hand as listened to
the measure debated in the Senate by
its patron, Senator Kenyon, and 9th
aus. was forced to the conclusion
that the law makers merely intended
% give the state authorities the r ght
to attach and, contiscate liquor ship
ped into dry territory, when same
was intended by the person receiving
It to be used unlawfully. How prac-
teal this will be is a matter of opin-
ton AT the time this b.H was pend
ing someone. b think ,'Senatpls Chill
ION from this lstates nroposed as
more effective nleasVref2a ba!t Drph1b-
ting the Internal revenue deparl-l
ment from Issuing retail liquor
dealer stamps to any person in. dry
'erritory This would have made
every person who made single sale
or exchange of of liquor for valuable
cons deration in this state, subject
to federal prosecution and upon con-
vfction liable to a fine and minimum
Jail sentence of thirty days. The
collation. Of this enactment would
thereby entail a fine and imprison- |
nent. whereas violation of the Webh- |
Kenyon act merely loss OF liquor
Sc zed
I'm addit' on 1t would bring the vi
1lators of this law into the federal
courts which are generally recog-