The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1915-09-03
INDIVIDUAL RIGHTS AGAIN SIS
TANNED
Supreme Court Decision ms to Whis-
key Shipments Not Regarded Sur
prising-LiquOr From Outside State
Permissible.

| key shipments MOI hegaTucu gun.
prising-LiquOr From Outside State
Permissible.
The decision of the Supreme Court
of the United States that the ship
ment of whisky into dry" territory
cannot be interfered with as long as
the whisky is to be used by the con-
signee personally is not at all sur
prising, says an editorial In the
Louisville Courier-Journal. IL 10 not
contemplated when constitutions are
drafted that they should abridge I'm
dividual rights. Upon The contrary,
the essence OF ain constitution max
I'M IL the protection OF The rights
of the people and of individuals in
u far al that can be done without
the individual being allowed 70 ln-
fringe upon the rights Of others The
chief purpose OF constitutions is not
to regulate conduct, but to safeguard
liberty. The ideal government is one
in which every unit has all Of the
latitude of action which is consistent
with peace, order and observance
of the rights of the other fellow.
Manifestly it was never contem-
plated that a constitution should
leave unguarded what is so evidently
an individual right as that Of choos-
ing between grape juice unfermented
and a product of corn fermented.
The fact, il it is fact, that an
fermented grape juice Is healthful
or inert and innocuous beverage,
while corn juice Il not inert, and
may not be- innocuous IL IL - not
| temporarily consumed, does not stand
In the way Of the assertion that
man has just a. clear constitutional
right to drink whisky AZ 70 drink Mt
Bryan's tipple, and that It would BE-
as much violation Of rights to forbid
him to drink whisky as to forbid him
to drink grape juice.
The Supreme Court decision has the
practical effect of admitting whisky
where it does not pay a license tax
All whisky sold in the United States
| is taxed by the federal government.
Under the Supreme Court decision
the local government is denied any
compensation, but may not in any
way regulate the jug trade,
If it were possible for the jug
trade" to be confined to consignments
actually for personal use, there would
be less loss Of revenue upon business
transacted within dry territory than
there will b.. "A broad construction
Of personal use will include defiec-
tions of quantities OF whisky from
the consignee OF others. IL will BE-
difficult to inaugurate successful To-
cal government espionage Of it, con-
tents.
The difficulty which has always
been faced by prohibition is that pro-
hibition cannot prohibit without in
vading rights, the protection Of which
unquestionably is regarded by the
majority as Of more Importance than
the regulation of personal habits.
There is always somewhere along the
line a missing mesh of the law
through which the bottle or jug can
be poked, but it is simple matter
to prevent utterly the collection Of
taxes-the only possible compensa-
ton for a trade which, admittedly,
is attended by evils numerous and
grave.
a statewide constitutional" pro
hibition movement can 20 a. far,
with popular support, as the cOnf1s-
cation OF distilling property and the
abolition OF the business OF distrib-
uting whisky under license and su-
pervision, with the resultant loss OF
millions of revenue and hundreds OF
millions Of property. IL cannot pre-
vent the shipment OF whisky for
personal use" to every individual who
chooses to order it from beyond the
state border.