The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-11-11
ARGUE CAN PROHIBIT
SHIPMENT OF LIQUOR
No Limit to Power of Congress In
Regulating Interstate
Commerce.

Washington, d. c., Nov. 10.--Thc
case involving the constitutionality OF
the Webb-Kenyon interstate liquor
shipment law was argued in the Su-
preme Court wednesday. The attorneys
who appeared for State of West Vir-
ginia ana argued for the constitution
atty of the law We're Hon. Fred
Blue. prohibition commissioner OF
West Virginia. and Wayne b. Wheel
cr general counsel for the Anti-Saloon
League of Am erica. They presented
the following argument
There is no limitation upon Con-
gress in regulating interstate com
merce except what was found in the
Constitution. This has been the hold
ing of the court ever since Chief JUS
tice Marshall rendered the first great
/ decision on this question up to tbs
present day.
Congress has power to- elimante
dangerous or deleterious commodities
from Interstate commerce. This has
been illustrated by laws prohibiting
the shipment of impure foods. affect
ed live stock and other commodities
dangerous to the health and morals
of the people.
Liquor is n deleterious and in
furious commodity and can, therefore.
be prohibited entirely from the facil-
ity of interstate commerce.
Power to prohibit liquor entirely
from Interstate commerce carries with
it power 20 do less and prohibit that
ounly which Is outlawed in the States
when a state or the Federal gov
eminent have jurisdiction over a sub
ject matter they may pass laws in the
nature of police regulations. Under
this authority the white slave act was
enacted and many other Federal laws
which are police regulations.
when q State prohibits an evil II
carries with il power to pass any law
to make its own action effective If IL
has n reasonable relation TO that Srr.
! Legislative power may, therefore, pro-
hibt acts harmless in themselves in
order to prevent a recognized evil. Tn
der this authority even non-intoxicat-
ing liquors may be prohibited in or
der to prevent them being used as a
subterfuge for the sale OF Intoxicating
/ liquor. To prevent the settled policy
| of West Virginia from being destroyed
| by outside liquor dealers, Congress
may pass laws taking liquor ont of in
/ terstate commerce which goes into
such States.
III the facilities OF interstate COM
! merce may be withdrawn from the
decentralization Of lotteries. from, the
! dehasement of obscene literature. the
J contagion of diseased cattle or persons
and the enticement TO and degradation
In prostitution from the white slave
/ traffic, then by the same logic Con-
gress may withdraw the protection OF
interstate commerce from outlawed
/ liquors which are being shipped into
/ dry States In other cases Congress
has refused to allow the settled policy
of the State in dealing with recognized
7 evils from being destroyed by an
agency of interstate commerce. Every
| consideration of justice and the pub
/ lie welfare presents an unanswera bic
argument for sustaining this law. The
! policy outlined in the law Is founded
upon deep reason, enlightened public
I conscience and a we'll defined purpose
to promote the general welfare"
The case In question is the most i'm
portant one defining the relation OF