Weekly journal-miner., 1915-10-13
THE WEBB-KENYON ACT
 DON'T HIT ARIZONA

aspect which newspapers throughout
 the State have construed into the now
 famous decision of Judge Shute, re
 garding the right to import liquor
 into the State for personal consump
 ton, an eminent Arizona member ot
 the legal fraternity, who has in nc way been identified with the liquor
 cases, gave out the following inter view yesterday:
 "As day after day the newspapers of this State take up the question oi whether liquor can be introduced in. to the State of Arizona for personal use, one cannot help but be struck with the very many reasons given for the opinions which have been handed down upon this one subject; and even to the mind of layman some of them are so palpably wrong that it seems that the time has ar rived when there should at least be a good reason given for the many deci- sions, regardless of what the individ- ual interests or opinions may be.
 Jurist Not Well Informed.
 Baxter, judge of the Superior court of Yuma county, has recently held the constitutional amendment in Arizona as 'bull-strong and pig-tight,' and that liquor cannot be introduced into the State for any reason; and the line of reasoning which he uses is interesting to say the least and is clearly the effort of a layman and not the effsrt of lawyer-or, rather, it might be better to say that it was the effort of some man attempting to do something that he knew absolute ly nothing at all about; and the cita- ton of the XIV amendment has about as much to do with the question as the X amendment.
 ITO begin at the bottom of this thing, it is probably within the mind of every layman, to say nothing of lawyers, that the constitution of the United States reserved to congress the exclusive right to regulate com merce between the States; conse- quently no State can pass law pro- hibiting the introduction of any ar ticle into the State except by permis- sion of congress. Through the in fluence of well meaning prohibition ists there have been several bills in troduced and passed in congress at tempting to affect the introduction of liquor; the most recent of these is the act commonly known as the Webb-Kenyon act, which re- licves intoxicating liquors of their irl- ter-State character, and is the consent of congress to the different States to regulate the introduction Of intoxi- eating liquor into State. The terms of that act must be consulted in order to ascertain just what the State can do, and it makes no difference wheth- CT it be constitutional enactment or !, legislative enactment-in fact about all our constitution is anyhow, $ statutory enactment.
 Congressional Act Necessary.
 Tt must be clear that without the act the entire constitu- tional amendment, so far as it at tempts to regulate commerce between States, would be void as being in de- rogation of the constitution of the United States.
 "Now, when we turn to the terms of the Wcbb-Kenyon act, which has recently been construed by the Stu Drcme court of the United States, we lind that it only makes unlawful and prohibits the introduction of intoxi- eating liquor where it is attempted to )e introduced, received, possessed, sold, or in any manner used in viola ion of any law of the State, territory pr district into which it is attempted 70 be introduced.
 "All lawyers know, and most lay men, that there is no law in the State If Arizona which prohibits from hay ng in his possession or using intoxi- ;ating liquor, consequently to ship it I nto the State for personal use would lot be in violation of any law of this State.
 'It therefore follows that the Webb Kenyon act no where grants to the State the right to prohibit the intro luction of intoxicating liquor for per ;onal use, there being no where any aw in this State making it unlawful o use it for personal use.
 "If have been thus far followed l { must be clear that the Webb-Kcn- -on act has no application, and no fleet to change the general rule, States may not regulate commerce wholly interstate; and before an in lividual could be guilty of the crime # introducing intoxicating liquor nto Arizona, he must be proven to ,,.o I-o,,or1,t iE into coll eSchaO0P !