The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1915-09-22
WEDNESDAY SEPT. %, 1915
A GALLON A MONTH.

made an order in the case of n
State against Weston Richey, de-
claring the Act of Feby. 20, 1915, un-
constitutional. He based his judy
ment in that Ease upon the Judgment
of the Supreme Court in the Ease OF
the Adams Express Co., VS.. Com
monwealth of Kentucky. In the
Richey Ease Judge Gary at first
declined to pass on the question, but
Solicitor Cooper stated that he was
willing to admit that the indictment
vas brought solely under the gallon
a month act. In justice to Judge
Gary it should be said that his ruling
was made without full argument at
the end of the term, and at the re-
Quest of the Solicitor that the ques-
ton be passed on so that it might be
taken before the Supreme Court.
The judgment of Judge Gary has
been commented on by several OF
the papers of the State. The case
will be appealed to the Supreme
Court of this State. . We do not
wish to be understood as criticising
the judgment of the Court or as in
any way attempting to interfere with
the due prosecution of the appeal in
the Richey case, but we believe that
the case of the Adams Express Co.
vs.. Kentucky relied upon by Judge
Gary is not decisive of the constitu-
tionality of the South Carolina stat
ute.
The Kentucky case vas tried upon
IN agreed statement of facts. 1T
appears in that case that the liquors
were ordered for the personal use
of the persons making the order from
points beyond the State of Kentucky.
The Kentucky statute provides
that it shall be unlawful for any
public or private carrier to bring in
to, deliver or distribute in any Coun-
ty, district, precinct, town or city
where the sale of Intoxicating liquors
has been prohibited any spirituous
etc., liquors, regardless of the name
by which it is called, and providing
a penalty against the carrier for so
transporting such liquors into the
State of Kentucky.
These liquors were not intended to
be sold in violation of the law of the
State of Kentucky, but were for
personal use.
The Webb-Kenyon Act provides
that the shipment or transportation
of Intoxicating liquor from n State
into any other State which intoxi-
eating liquor is intended by any per-
son interested therein to be received,
possessed, sold OF in any manner
used, either in the original package,
or otherwise, in violation of such law
of said State is hereby prohibited.
The Supreme Court of the State
of Kentucky held the conviction of
the Adams Express Co., under the
Webb-Kenyon Act, to be illegal, say
ing "It, therefore, appears that the
issue in this last really comes down
to this; was the liquor involved in
this transaction intended by any per-
ION interested therein to be received,
possessed, sold or in any used
in violation of any law of this State
The Supreme Court of the United
States after referring to the decision
by the Kentucky Court says:
at therefore follows that mas
much as the facts of this ase show
that the liquor was not to be used in
violation of the laws of the State of
Kentucky, as such laws are construed
by the highest Court of that State,
the Webb-Kenyon law has no effect
to change the general rule that the
States may not regulate commerce
wholly interstate"
1t is perfectly evident from the
language of the Kentucky Court, and
from the language of the United
States Supreme Court, that if it had
been proved hat this liquor had been
brought into the State for the pur-
pose of being sold, that the Adams
Express Co., would have been liable
for the fine, and the Webb-Kenyon
Act would have applied; in that case
the liquor would have been brought
into the State to be used in violation
of the laws of the State of Kentucky.
1t is also apparent that if it had
appeared that the liquor was to be
received, possessed, sold or in any
manner used in violation of any law
of the State of Kentucky, that it
would have held the defendant guilty
and liable to the fine, but the Ken