Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-11-13
Saturday. November 10, 1915.


-" SfU~
We nave heard so little about the
so-calIed "Webb-Kenyen" liquor Law
Of late, that il has come TO be looked
Upon as dead letter. The liquor in
terestz are saying nothing about its
non 11orcemenc as they DO the
Maine law. because they prefer that
ali should forget it," But il has no,
been forgotten. nor has it been con-
slcted Of that common charge against
eli laws restrictive Of personal lib
1T. unconstitutionality. The Webb.
Kenyon law is still alive and has been
recently upheld by tee supreme court
OF Kansas. In relation TO this ruling
the Indianapolis News tDem.l says:
This is the first important ruling on
the act since its passage. over Presi-
dent Taft's veto. in 1913. Two attacks
have gone through federal channels 70
the United States supreme court,
where they await decision. While the
Kansas opinion viii have no direc. ef-
feet on the federal suits, the inter
pEetation is of much general signif.
cance. The Webb-kenyon act il en-
dtled AN act divesting intoxicating
liquors Of their interstate character in
certain cases" II provides that the
shipment. Of intoxicating liquors from
one state to another. which
intoxicating liquor liz intended by any
person interested therein. TO be re-
cei'ed, possessed. sold. or in any man
I1er used in violation OF any
law OF such state is hereby
prohibited" The case in Kansas was
on appeal OF the Missouri Pacific Rail-
way Company. which had been fined in
q state district court for delivering
intoxicating liquors within the state.
n violation OF the Mahin Law re-
curing railroads to file explanatory
statements. The Mahin law was re-
sarGed as coming within the purviem
- the Webb-kenyon act
II - understood that no appeals
through state channels had previously
ten taken owing 10 the insignifcan NJ
ra-E-e % The fines posed Bu, the
-dassour! Pacific vas aned sloo on
each If ~ Give separate counts In
approving these fines, the Kansas SUI
pEerne court had. Of course. TO take
into account the national statute Jus-
ICE West who wrote the opinion, held
that There ls nothing more sacred
About Whisky intended for unla wfuI
Use lran there is about diseased meat
and lottery tickets and. therefore
congress has The same power TO pro-
hio!t interstate traffic in one as in the
other The t~o federal cases on
which the determination Of the consti-
tCtionality of the Webb Kenyon act
Hraily rests concern th@ Adams Ex-
YFess Company the American Express
Company. Whitley county. Kentucky.
dlstilljns company in Cumberland
Nd. and the state OF IVES, Virginia
The Adams Express Company carried
liquor into dry" Kentucky county
and Vas fined. The American Express
Company refused 10 accept 2 liquor
shipment billed 10 dry West Viz
GINA and the disti!iing company seeks
an Injunction compelling the express
company 10 carry thu goods In the
tNo federal CASES mentioned. liouor
manufacturers have argued the uncon-
stitutionaiity OF the u ". while a,tor-
-. t4Ac [1ht!-S6iooH LeagCs ana
certain states have conrended for its
validity The transportation lines are
placed in an embarass ing position. be-
ing attacked If they decline 10 accent
disputed shipments. and also Il they
transport the liquor An early def
mite decision is. therefore. Of i'm
portance- No fewer than dozen
states are nov deeply concerned as TO
tie status OF the Law