The Republican. [volume] (Oakland, Md.) 1877-current, 1915-01-28
LIQUOR LAW UPHELD.
Judge Rose ReyerSes Decision lie Had
FreiOuSIy Rendered.


Judge Rose yesterday reversed his
decision under which he held that rail
ways were, under the law. obliged to
accept intoxicants for delivery inside
the State Of West Virginia. Under the
ruling yesterday, Which was based upon
q decision Of the United States Court
of Appeals, railroads will net be able
under the law to deliver alcoholic liquors
ia West Virginia. The only exception
uneer the West Virginia law is VINE
for saeramental purposes and liquor
for medicinal purposes. The case will
be taken to the Supreme Court Of the
United States.
The decisions were given in the case
Of the James Clark Distilling Company
in their bills against the Western
Maryland Railway Company of the
American Express Company.
Counsel for the distilling company
objected to the vacation and setting
aside Of the decree of December "a,
1914. The dishlling company contended
that the application Of such law would
be q violation of the Federal Constitu-
ton, and it is also contended by it that
if the law applies to interstate COM
merce, such as was at issue in this
case, and is authorized by the Act of
Congress of March l, 1913, entitled, An
Act Divesting Intoxicating Liquors of
the Interstate Character in Certain
Cases, then that this Act of Congress
is itself unconstitutional.
The decree of Judge Rose sets forth
that his former decree is vacated and
set aside following the decision of the
United States Court of Appeals for the
Fourth Circuit in the case of Appeals
for the Fourth Circuit IN the case of
West Virginia against the Adams Ex-
press Company. The bills of the dis
tilling company are dismissed and the
right of appeal to the Supreme Court
of the United States is granted.
The Idaho Senate passed the Hart
resolution providing for the submission
to the voters OF the state at the next
general election of an amendment to
the constitution prohibiting the manu-
facture and sale of intoxicating liquor
after May l, 1917. Only one vote was
cast against the resolution.
The state legislature of Washington,
rushed through both houses a resolution
declaring against holding a special
election in 1915 on the liquor or any
other question. This means that Wash
ington will go dry" in January, 1916,
under the initiative bill passed last
November by the voters.
The liquor interests sought to take
the prohibition issue before the voters
again this year in the form Of initiative
measures intended to nullify the new
law before it became operative.
Not only has there been a large de-
crease in the amount of beer consumed
during the last year, but spirits also
have been on the toboggan. The re-
ports of the Collector of Internal Rev
anue for the fiscal year 1915 shows the
amount collected on the distillation of
spirits 4,781, l65 less than in 1913.
When it is remembered that an immense
quantity of liquor was taken from bond
in order to escape the payment of the
additional war internal revenue tax, we
have every reason to feel that temper
ance at least is making progress.
The German War Department has
written another paragraph into the his
tory of the use of alcoholics in this war
1t says:
AT first alcohol supplies a certain
liveliness, but with the consumption of
larger quantities it causes somnolence.
Experience teaches that abstinent
soldiers can best resist the fatigues of
war. Besides, the use of alcohol leads
to excess and dissoluteness. Alcohol,
therefore, is to be used with the great
est care, and is to be absolutely avoid
ed on the march. For giving warmth
1t is not to be recommended. The
warmth which it conveys is entirely de-
ceptive. All in authority are request
ed to pay strict attention to the
necessity of limiting its use.