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

Act extended the Congressional prohibition as to forbid IN
defined cases the introduction of liquors al into State from
another State The meaning Of the WebbKenyon Act as the
Supreme Court said in the Kentucky case plainly shown
by the title and body thereof that there be room tor
controversy as to its construction and to outside
sources to ascertain its true intent is necessary.
Whereas under the Wilson Act, unlimited quantities Of
liquor for personal use could freely from State into
another and large quantities be obtained for illicit sale in
State under the false claim (often impossible detec that
it was intended for personal under the Webbkenyon
Act shipment of liquor entirely even
to be transported the State border-Wen 1t IS intended
to be dealt with violation Of the local State law or as more
fully explained in the Act ITSELF when the llq1or named IN
the Act is intended by any person interested theel 10 Dc
received possessed sold. any used either IN the
original package or otherwise violation of any law OF such
State that is to say the State into which is proposed to
ship or transport the liquor in interstate commerce
We can not forecast what argument any will be pre-
sened by appellants counsel against the constutonay OF
the Wclb-Kcnvon Law regulation by Congress OF inter
state commerce. We have however examined the brief filed
by appellants counsel and support of this proposition there
short extract from the case of Rhodes Io7a 10 t. s.
4I2 asserting merely that the right of for the trans
poraon of merchandise from State another OF across
another involved interstate and imported relation
which necessarily be governed apart from the laws OF the
several States It embraced contract which must come
under the laws Of more than one State. But this evidently IS
no authority against the validity either of the Wilson Act
OF the Webb Kenyon Act these Acts regulations OF
commerce by Congress.
Counsel for appellant also in that connection quoted the
following from the case of In Re Rdrer Io u S. $40: Nor
can Congress transfer Legislative power State sanction
State law in violation of the Constitutions and if adopt
State law as its own it be that would be COM
peent for it to pass itself and not passed the exercise
of the police power 1t surprising that counsel would cite
that paragraph as an authority against the Webbkenyon Act
since the opinion in the of IN Re RGr supra, IN an
extract which have already quoted clearly showed that the
Wilson Act (and the thing may be said OF the Webb
Kenyon Act did constitute transfer by Congress OF
satve power State sanction State law IN violation
of the Constitution and that Congress had not by the Wilson
Act adopted State law its
1t is asserted further in appellants brief in that connection
(and this completes substantially all that said against the
validity of the Webb Kenyon Law, that contracts made by
plaintiff Virginia for the sale Of liquors intended tor the
personal of consgnees in South Carolina and their trans
portation and delivery destination all subject matters
which belong interstate and not to the reserved
police power of South Carolina This think, entirely
nappicable to the present situation Congress- by the Webb
Kenyon Act has made regulation of interstate commerce
prohibiting shipments of liquor into State from another
in defined cases In brief the when the liquors
desired be shipped intended by any person interested
therein to be received possessed sold any manner used
in violation of the law of such State
There must of course, every be valid State law
to be violated and such State law in the matter OF its validity
must be brought to the test State Constitution and to the
Fourteenth Amendment of the FEDERAL Constitution but the
Commerce clause of the Federal Constitution is longer
bar to State action the enforcement of the State law
since Congress has interviewed by regulation of its own and
made it possible for the police power of the State under
valid law to do its full and perfect work in respect to liquors
of the character named
careful reading of the opinion of the Court in adams
Erbress Co. a. Kentucky SUPRA consideration of the treat
nlent of the case and the general trend of the opinion lead
to the conclusion that the Court has already made up its
mind that the WebbKenyon Act valid We can scarcely
believe that opinion would have been prepared as wa
and reference would have been made in the opinion to the
1o15 has said that the opinion of the Supreme Court in the
in Glenn Southern Express Co. (declded December 1st
doubted its validity The Supreme Court of North Carolina
Webb-Kenyon Act in the terms employed, if the Court had
case of adams Express Co. Kentucky SUPRA gives color to
the belief that the Court regards the question settled 1t
4 o;-e1 h1,0