The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-01-25


total prohibition of the receit possession sae OF use IN
anv manner, of Intoxicating liquors,
regulatory or restrictive measure short Of total pohb
ton is police and has been held to be within ire
terms OF the Wilson Act OF 1890
Vance O. Tandcrcook 10 I. S. (reversng this point
Iaudercook l. Tancc 50 Fed. $780,
Reymaup Breaoin& Co. 9. Bristcr, l7o L. S. 445,
Paba Bre7pinS Co. e. Crcnsid7p 1913 7. S. Y, IS
Phillips . City of Mobile 2oS I. s. Az.
Tinker Z. StGte, 90 Ala. 038 04I
Ste7,c,s q State, 90 Ohio State, COS; 50 n. t. 40.
We submit that the Webb-Kenyon Act viewed as regua
ton bv Congress interstate prevents any difficulty
as to shipments liquor for personal uSe that the language
is clearly broad enough to include such Shipments if State
law against receipt possession of liquors for personal use
oends no provision of the State constitution the Four
teenth Amendment to the Federal Constitution The Webb
Kenyon Act would accomplish very little construed in such
way that liquors for personal liquors claimed to be
for such USE may continue freely in interstate
commerce.
1t must be noted that in Adams Express CO, Common
zveah of Kentucky 23S L. S. I9o this Court held that the
shipment question not illegal in view of the laws OF
Kentucky construed By the highest court OF that State
without in any way committing itself the correctness of such
construction of the laws and Constitution of Kentucky The
Kentucky statute by the Supreme Court subjected to
the test of the Fourteenth Amendment the Federal Con
tuition nor did the Court declare that the result the
was general application and that other State could
consttuonay forbid the receipt and possession by citizen
of intoxicating liquors for personal use.
The Webb-Nenyon Act is in the form Of prohibition
against shipment OF liquor in interstate commerce in defined
cases. is we'll settled that Congress regulate commerce
by adopting prohibitions excluding certain articles from the
right to be transported from State into another
Champion q, 14aues 188 U. S. 32I. lottery tckets)
u S. o., Freight Association 166 U. S. 29o
II 6 =, Fyeight l4Ssociation III /. S. 5o5
Addystome P S. Co. U S, rs U. S. (Prohibtory
clauses of Sherman Antitrust Act)
Hoke .. U. S., 227 U. S. 3o8. white slave traffic.
Hibolne Egg Co. o. o. S. 22o U S. 45 (Adulterated ar-
ces of food)
Reid D Colorado S9 U. S 37 Olive stock having infec-
tious and contagious diseases.)
State u IT, S. Express Co. (Ia), 145 N. w. 45I.
u. S. ., FortyEree Gallons of Whskey % U. S. 188.
Perrin q. U. S. 232 Z. S. 478.
Buttfed Z, Shanaha1, Io2 U. S. 49,
u. S. u BoPber, % Fed, Rep, 423
State q Curd7veN 81 S. E 628, 632 (Opinon of Chief
Justice Clark
West Virginia q adams Express Co., C. c. A. 21o Fed
Rep. 1874.
Neither the Fourteenth amendment to the Feder-
al Constitution nor the "due broceSS clause Of
State Constitutions guarantee to citiSen OF
State the right to Yecei0e and possess Intoxicating
hquors for personal IN unlimited quantities.
tn any quantity, against the exercise of the
police bo7ger BY the State There is such
guaranty cit@en Of South Carolina in the
Constitution of this State.
We propose develop the proposition just stated
graphs to follow, under appropriate heads.
I-AcoHoI, y BEVERAGE INHERENTLY HARMFUL
AND DANGEROUS.
At this point we quote extract from article on
LEGAL ASPECTS OF PROHIBITION" by Herbert c.
Shattuck A. B.. Ii B. of the New York Bar in Case and
Comment for December, 1913 page 64I, as follows:
he basic fact underlying all agitation for the restriction
prohibition Of the traffic in Intoxicating liquors is that ALCOHOL
the essential ingredient Of those liquors. inherently harmful
and dangerous 5yien nscd besr0Sc. The scientific
racy OF this statement to be generally recognized
The public schools OF the nation teach it Alcohol
product in the activity of the yeast plant C. F. Hodge, Clark
University, Physiological Aspects of the Liquor Probem)
an excreent OF the yeast fungus parasite which midway
between plant and anina-(T Alexander MacNicholl
NJ D. New York Vice President American Medical Soc. for
the Study of Alcohol and other Narcotcs Alcohol
0etrue poison to the srsem-G Wharton S. Med
IT, sh Ed Sec o21 1t ranks avih other boisons like src