Bisbee daily review., 1915-08-08
HIGH COURTS
DRY RULING
MAY APPLY
WITH Us
Justice Day Delivers Opinion in
Famous Case in Which Ex-
press Company Is Exonnerat-
er for Delivering Liquor.
INTERSTATE SHIPMENT
NO VIOLATION OF LAW
Supreme Bench Holds That Com
mon Carriers May Execute
Commissions Where Beverage
Is for Personal Use.

In view of the expressed belief Of
the temperance leaders in Arizona
that the Prohibition amendment does
not successfully assau the right oil
common carriers TO ship liquor into
the state for the personal use OF con-
siguees, or the right of citizens to pur-
chase liquor outside the state for use
here, the decision of the United
States Supreme Court in the famous
case of the Adams Express Company
against the Commonwealth of Ken
lucky was awaited with widespread
interest The case was decided in
favor of the Express Company. June
IL, and a copy OF the opinion of the
Supreme Court was received in Bis
bee yesterday by ElHnwood & Ross.
through whose courtesy The Review
is enabled to publish extracts.
The Express Company was indicted
for violation OF "a Kentucky statute
which says, in part 1t shall be I'M
lawful for any public or private carrier
90 bring into. deliver or distribute I'm
any county. district town of city.
where the sale of intoXioatiu- liquors
has beel prohibited any spirtlous.
yinous. malt of other intoEicatiug
liquor. regardless of the name by
which it may be called, and this act
shall apply to AN packages OF such
Intoxicating liquors whether broken
or uubrokeu."
Justice Day delivering the opinion
for the Court, said in part. "The OK
press Company requested a premptory
instructiou for a verdict of not guilty
because the shipments of liquor
were interstate shipments and consu-
tuted Interstate commerce within the
meaning of the commerce clause of
the Federal Constitution That the
liquors being for the personal use of
the consigEees respectively is repug-
nant 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 con-
trayention 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
il enacted that the shipments or tran
sportation. i'm any manner or by any
means whatsoever of any spirituous,
vinous, matted, fermented. OF other i'm
toVicatine liquor of any kind, from one
state territory, OF district of the
United States or place nohconuguous
10. but subject to the jurisdiction
thereof, into any other state, territory
or district of the United States, OF
place noucontisuous to but subject 10
the jurisdiction thereof, or from any
foreign country into any state, terri
tory, or district Of the United States
or place noncontiguous TO but subject
20 the jurisdiction thereof, which said
spirituous, etc, liquor is intended by
any person interested therein to be
received, possessed. sold or in any
manner used either i'm the original
package or otherwise, i'm violation OF
any law of such state, territory, OF
district of the United States, or place
noncontiguous to but subject to the
Jhl loh NlhA AilNl hhAr ID HNlthg pi blll
bited"
Commenting on the Webb-Kenyor
act Justice Day said
"It would be difficult to frame Ian
guage more plainly indicating the pur
pose of Congress not TO prohibit al
interstate shipments or transportation
of liquor into so-called dry territory
and TO- render the prohibition of the
statute operative only where the u
quor is TO be dealt with in violation o
the local law of the state into which
IT is thus shipped or transported. Sucl
shipments are prohibited only whel
such person interested intends tina
they shall be possessed sold, or use,
I'M violation of any law of the stat
wherein they are received Thus ia
and no further has Congress seen Il
TO extend the prohibition TO the ac
I'M relation 10 interstate shipments
Except as affected by the Wilson Act
Continued on Page A