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

another State.
Southern Express CO, .: WhiHe (Ala) 6o S. Rep 652.
En- bartc Crane (Ida1o), 81 Pac. 1906.
Glenn 9 Southern Express CO, (N. Co., yet reported
decided December Ist, 1915.
t. S. {. Oyr2ou-W r. & N. Co., 21o Fed. z8.
Preston .. Dre7v, 80 Me. $50, 81 Am Dec. $50.
Hcypayd Henderson, 100 Ga 373: A L. R. A. &c. per
Cobb, J.
The State NAV prohibit the solicitation of orders for inox
eating liquors and also the advertising of such liquors. although
the liquors II purchased another State and would nave
to be brought into the State making the prohibition in inter
state commerce.
Dclqmatcr {, South Dakota. EOS I. S. %.
State T. Dcarc (Ala.), 90 So Req. 903.
Da51s {, State (West Nirgnia) decided November GOTH
1915.
Prohibition State may make unlawful for any person.
firm association corporation whether carrier
not convey transport liquors along public
street highway for another and may also prohibit the trans
portaon liquors from part of the State another
Williams q; State, I7o Ala. 81
Western of alabama Ral5oay Breqng Co., TT Ala 49,
Prohibition State may also prohibit the keeping
age of liquors social fraterna clubs when it for
the personal of the members thereof
Wallace u State (Aa) App Ct Rep. 386, 62 So. Rep.
365.
Phillips o. State (AIiss), 81 Sc. Rep o51.
State o. Topeka Club 81 Kans 756; 100 Pac 183
In Bo7quans case 125 U. S. 465 which nvolv
ing Intoxicating liquors. Field Justice, in concurrng opinion
said that the State may regulate prohibit the sale
of an article for the protection of the health morals and
safety of the people
In the same opinion Mr. Justice Field further said:
But those powers which authorize legislation touching the
health morals good order and peace of their people not
delegated and essential the existence and prosperity
of the States that is be presumed that they will be
L1e
ow can these reserved powers be reconcied with the
conceded power of Congress regulate interstate commerce.
AS said above the State not exclude article from COM
erce and consequently from Importation simply by declaring
that its policy requires such expulsion and yet its regulations
restectg the possession and sale of any article Of COM
may and strict required by the nature
of the article and the liability of injury from it, for the safety
health, and morals Of its people
Further in the opinion (speaking of Mugler V. Kan
sas) Judge Field said
Assuming therefore, as correct doctrine that the right of
importation carries the right to sell the article imported the
decision in the Kansas may perhaps be reconced with
the one in this case by distinguishing the power of the State
property created within it, and its power over property
mported-ts power extending for the protection
the health morals and safety of its people, to the absolute
prohibition of the sale or of the article and in the other,
extending only such regulations may be necessary for the
ey of the community until has been incorporated into and
become part of the general property of the State.
This of course was said before the enactment of the Will
son Act or of the WebbKenyon Act it being the purpose Of
the latter allow the police power of the State to have full
operation over Intoxicating liquors without being dominated
bv the commerce clause Of the Federal Constitution;
in other words permit the States to fully regulate or
prohibit the possession and sale, of intoxicating liquors
as if the commerce clause not included in the Federal
Constitution
If State has the right to prohibit the manufacture of
toxcan for ones se and the light to prohibit the sale
thereof to cizenor his it must also upon the
same grounds and for the have the right to pro-
bt the introduction the State and hence the and
of such ntoxcant if the protection Of the Federal
Constitution be by Congress Withdrawn from such shipments
In Brown o. Maryland, II Wheaton 42o Chief Justice Mar
shall said
There no difference in effect between the power to pro-
bt the sale of article and power to prohibit its intro
duction into the country the would be necessary
sequence of the other"
Congress would have the power if it desired to exert it.
to exclude altogether ardent spirits from commerce among the