The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-02-01


of Chief Justice Clark in that wherein the learned Chief
Justice expressed himself follows
I'm limiting each person half gallon per day for his
use for the law permits sae) the Legislature not Mig
gardy Besides if the manufacture though exclusively for
ones own use and out of ones apples and peaches the
county, be forbidden by statute without breaking the Con-
stuton why the importation OF the same article
the county ne greater quantity than halt gallon
per day. even for ones own se be prohibited by the
power The truth is that the Legislature having jurisdiction
Of the subject the limitations upon its exercise rest in the wis
dom and sound judgment of the Legislature subject only to
review by the people, not by the Courts"
In Vaa Winkle u State (Del) o1 At 381, the Supreme
Court of that State considered statute almost identical with
that involved in Williams State, 14o N. C. o8, in the fol-
lowing words THAT shall be unlawful for any person to
carry bring have brought any quantity of splr1tuou ynou
malt liquors, from point within the State OF Delaware
Local Option territory within the said State greater than
one gallon within the space of wentfour hours and the
Court held that the did not abrldgment OF
the privileges guaranteed to citizens by the Fourteenth Amend
men to the Federal Constitution for the given that
part of the opinion by the Court of General Sessions involving
the statute State Grer 88 A 579 The Court Of Cen
eral Sessions the referred wrote careful opinion
upon the subject with the later authorities and thoroughly
demonstrated the validity of said Delaware statute.
SOUTH CAROLINA.
On February 20, 1915 the Legislature of South Carolina
enacted statute containing the following pertinent sections
"Section Be enacted by the General Assembly Of the
State of South Carolina that shall be unlawful for per-
son. firm corporato company, ship transport convey
any Intoxicating liquors from point without this State into
this State from point to another IN this State tor the
purpose of delivery deliver the to any person. hr
corporation or company within this State, for @ per-
son. corporation company to yecee be in possession
of any spiriuous vnous ernented malt liquors bey-
hers it's or their se for the of any other person.
frm or corporation except as hereinafter P7ooaded
Section Any person may order and receive from any
point without the State exceeding gallon within any
calendar month"; for his her personal ue of spruous,
ous fermented or malt liquors or beverages.
Secton Any person violating any of the provisions OF
this Act shall be subject fine of not less than one hundred
dollars Imprisonment for not less than three months bo
in the discretion of the Court.
This statute is be passed by this Court Wei
think previous decision in the Atkinson mira leads to the
conclusion that the statute will be sustained valid police
regulation bringing into operation the Webb-Kenyon Law
against liquor proposed be shipped into South Carolina IN
excess of the statutory quantity.
In atkinson Southern Ex. Co., 81 S. c. "A, 78 S. E. 5Io
l. R. A. S) 49, the Court said that the Legislature OF
South Carolina had the power to adopt statute having the
prospective effect of prohibiting alcoholic liquors from being
imported this State Such statute would not contra
the OnlteQ StateS COnStutoH
have already ad the Act of Congress dyests ntox
eating liquors of their interstate character and invests the re-
spective States with the power either prohibit importation
absolutely or to allow it only for sale and through
dspensary.'
In Exbarte Crane Qdaho) Isl Pac Rep 1906 there was
involved the validity of statute of Idaho making unlawful
for any person to import ship SELL transport deliver receive
or have in his possession any intoxicating liquors except as
the Act provided have his possession any intoxicating
liquors of any kind for any use or purpose except the has
been obtained and possessed under permit authorized
by the Act.
1t was agreed that the petitioner Crane had in his posses
sion Latah County, Prohibition district quantity OF
liquor for his own use and not for sale or gift
It was contended that the statute violation OF Section
of the Fourteenth Amendment United States Constu
tion that not reasonable exercise of the police power
of the State and that violated section of the Idaho Cons
tuition as follows No person shall be deprived of fe liberty
or property without due process of law
After citing among other cases. Nev York ct rel Sls