Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-17
TEST OF NORTH CAROLINA
QUART JUG LAW IN COURT
Question OF COnstitutionality OF
Measure Soon to BE Before
Judge Daniels.
RALEIGH MAN BRINGS ACTS
Institutes Proceedings to Compel
Transportation and Delivery OF
Whisky Ordered From Richmond
HOuSe-Federal Statute Involved.
Especial 70 The Times -Dispatch !

RALEIGH. y. G.. April 16.--Judc c
! Daniels is 10 pass on the constitutions
aiity Of the quart jug law passed by
compromise for the out-and-out prohi-
bition bill that was pressed for pa s.
sage by the Anti-Saloon League forces.
The hearing on mandamus proceed
ing TO compel transportation and de-
livery by the Southern Express Com
pany Of one gallon of whisky from
Richmond has been set for April %.
In this case the constitutionality OF
; both the recently enacted quart law in
this state and the Webb Kenyon act
of Congress are intended to be ulti-
matcly involved as to their constitu-
tionality, as the prosecution OF the case
progresses through the State and most
probably the United States courts.
George NJ. Glenn OF this city, or
dcred gallon package of whisky from
a Richmond house, and the express
company refused to receive il for trans
portation. there being with the pack
age as rendered a statement that Glenn
intended to receive it in Raleigh for
his own personal use. rne mandamus
proceeding is Instituted here through
Murray Allen. as counsel for tho plain
tif. attacks both the regulations that
tho Southern Express Company has
adopted for the making of shipments
into North Carolina of whiskics and
the provisions of the new North Caro-
lima law itself. II is insisted that the
express company regulations invade the
constitutional rights of the individual
TO an extent beyond anything that
could be required through the pro-
visions of the new North Carolina law
Furthermore. there is insistance that
the act itself invadcs the rights of tho
individual under the state Constitu-
ton rs to personal liberty guaranteed
| in Article ]. section |, and Article I,
section II, as to dcprivinE n citizen of
his personal privileges without due
process OF law.
Furthermore. there Is insistencc that
the North Carolina act is In violation
OF The Constitution of the United States
through invading the right OF Con-
gross 20 regulate Interstate commerce
and the constitutional guarantee that
the citizens of each State shall he en-.
titled to all the privileges and i'm
mrnities Of the several States
Then there is the insistancc that II
| the Wchb-k enyon act OF Congress Is
| construed to permit the operation Of the
| North Carolina law. then 1t is uncon.
| Stitutional. and that, after all has beer
said the North Carolina act is uncor.
! sttutional for the simple reason that
| congress has passed acts regulating in.
terstate commerce in shipments OF i'm.
! toXicants that has destroyed any pow.
| CT that the STATE might have had In In.
| terferinS with such interstate shin
| mcnts.
The same plaintiff has separate sui
10 compel the express company to de
liHer second quart of whisky within
the fifteen days limit
colonel j. Bryan Grimes, secretary O
state, announced to-day that T. [;
Hhe:riii. OF Greensboro. has accepted
an appointment to the position OF gran
clerk In the Office OF the secretary o.
state. and will take up his duties Arr,
~, succeeding the late George Norwood
! Governor Craig to-day honored =
rcauisiti"n from The Governor of Vir.
Elhia ior seward lselcy for maliciou.
| trespass. alleged to have been commit.
| .ed IN Henry County. Va lie is being
held for the Virginia authorities al
| Draper, ~ c.