The copper era and Morenci leader., 1915-08-13
new DECISION MAY
AFFECT ARIZONA
Opinion of Justice Day in Famous
Adams Express Case Significant
Explains. Where Interstate Ship
ments of Liquor Not Illegal

BISBEE, Aug. 9.-In view of the ex-
pressed belief of the temperance
eaders in Arizona that the Prohibi-
lion amendment does not successful
y assan the right of common carriers
to ship liquor into the State for the
personal use of consignees, or the
right of citizens to purchase liquor
outside the State for use here, the de-
cision of the United States Supreme
Court in the famous case of the
Adams Express company against the
Commonwealth of Kentucky was
awaited with great interest. The
case was decided in favor of the ex-
press company, June IA, and a copy
of the opinion of the Supreme court
was received in Bisbee yesterday by
Ellinwood & Ross, through whose
courtesy the Review is enabled to
publish extracts.
The express company was indicted
for a violation of Kentucky statute
which says in part: 1T shall be I'M
lawful for anypublic or private car
rier to bring into, deliver or distrib-
ute in any county, distrist town or
city, where the sale of intoxicating
liquors has been prohibited, any
spirituous, who's, malt or other in
toxicating liquor. regardless of the
name by which it may be called; and
this act shall apply to all packages Of
such intoxicating liquors whether
broken or unbroken."
Days Comments.
Justice Day, delivering the opinion
for the court, said in part: ''The ex-
press company requested premtory
instruction for verdict of not guilty
because the shipments of liquor we're
interstate shipments and constituted
interstate commerce within the mean
ing of the mocmerce clause of the
federal constitution. That the liquors
being for the personal use of the con-
signees respectively is repugnant to
the constitution Of Kentucky, and If
the indictment was authorized by the
act of Congress known as the Webb
Kenyon Law, that law is in contraven-
ton of the interstate commerce
clause of the constitution of the Unit
ed States and of the 9Th and 14th
Amendments to the Constitution. The
Webb-Kenyon act provides: BE it en-
acted; that the shipments or trans
.portation, in any manner or by any
means whatsoever of any spirituous
vinous, matted, fermented, or other
Intoxicating liquor of any kind, from
one state, territory, or district of the
United Statse, or place noncontiguous
to, but subject to the Jurisdiction
there, into any other state, terri
tory, or district of the United States,
or place noncontiguous 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 thereof,
intended by any person interested
therein, to be received, possessed,
sold, or in any manner used either in
the original package or otherwise, in
violation of any law of such state, ter
ritory, or district of the United
States, or place noncontiguous to but
subject to the Jurisdiction thereof, is
hereby prohibited.
Webb-kenyon Act.
Commenting on the Webb-Kenyon
act, Justice Day said:
ut would be difficult to frame Ian
guage more plainly Indicating the
purpose of congress not to prohibit
all interstate shipments of transpor-
tation of liquor into so-called dry ter
ritory, and to render the prohibition
OF the statute operative only where
the liquor is to be dealt with in vio-
lat'on of the local law of the state
into which it is thus shipped or rams
ported. Such shipments are prohibit.
ed only when such person interested
intends that they shall be possessed,
sold, CT used in violation of any law
of the state wherein they are re-
ccived. Thus far and no further has
Congress seen fit to extend the pro.
hibition to the act in relation to il.
terstate shipments. Except as affect
ed by the Wilson act, which permits
&1,0 - -
after termination of the transporta.
ton to the consignee, and he Webb
Kenyon act, which prohibits the
Transportation into the state, to be
dealt with therein in violation of local
law, the subject-matter of such inter
state shipment if left untouched and
remains within the oslo jurisdiction
of congress under the federal consti
tuition