The Birmingham age-herald., 1917-01-09

states. It also sustained West Virginia's recent amendment to her law prohibit ing importation in interstate commerce of liquor for personal use.
 TAFT OvERRULED
 After having been vetoed by President Taft, who held it unconstitutional, and having been repassed by Congress over his veto the law was sustained by the supreme court by a vote of to 2.
 Leaders of the prohibition movement declare it is to their fight second only in importance to the proposed consti- tutional amendment. Lawyers for liquor interests who heard the decision today admitted it upheld and applied the law .in it's fullest sense"
 WHITE ANNOUNCES DECISION
 Chief Justice White announced the majority opinion to which Justices Holmes and Vandeventer dissented. Justices McReynolds, while agreeing with the majority decision, did not con- eur in the opinion.
 An official digest of the majority opinion, prepared by the court, sets out it's holdings as follows.
 That the West Virginia law, besides prohibiting the manufacture and sale of all intoxicants except as to that which is permitted for medical, sacra- mental and manufacturing purposes; also forbids all transportation of liquor and |all receipt and possession of liquor transported in the state, whether origi- |naeing in or outside of the state, and |although it does not prohibit personal use, puts serious restrictions upon the power to obtain for such use
 NOT REPUGNANT
 The court holds that in view of the we'll established police authority of the state over intoxicants. there is no req son to think that this law was in any, wise repugnanat to the due process clause of the fourteenth amendment to the constitution of the United States. It. authorities has an exceptional appli- cation to shipments to interstate com merce as the result of the act of Con- gress known as the Webb Kenyon law, the provisions of the state law restrict ing shipments of in,oxicants into the state from other states would be un- constitutional because interfering with the power of Congress to regulate com merce among the states and conse- quently would be a direct burden upon such commerce.
 WEBB-KENYON ACT
 .'2. Considering the Webb-Kenyon act, the court holds that there is no foundation for the contention that the act applies only to shipments from one state into another for a use prohibited by the state to which the liquor is shipped. On the contrary it is decided that the Webb Kenyon act, to use the words of the act, applies to shipments of liquor intended to be received, pos sessed, sold or in any manner used in violation of the laws of the state As this conclusion causes every prohibi- tion of the West Virginia law to be em- braced and come under the right con- ferred by Congress by the Webb Ken yon act, it is decided that the West Virginia law was not in conflict with the commerce clause of the constitution, anu llc POWcI Oi SOHS ItSS to reg uldLG commerce if Congress had power to |enact the Webb Kenyon law
 CONGRESS HAD POWER
 "3. Disposing of that question. it lis decided that Congress had the power under the constitution to adopt the Webb Kenyon law, whether considered from the point of view of original req soning or in the light of the previous Legislation by Congress and the deis- ions of the court holding that legisla- tion valid.
 Tt is therefore decided that by vir- tue of the Webb Kenyon law there is no power to ship intoxicants from one state into another in provision of the law in the state into which the liquor lis shipped. In other words, it is de- cided that since the enactment of the Webb Kenyon law the channels of in- terstate commerce may not be used to convey liquor into a state against the prohibition of it's. laws or to use inter state commerce as the basis for right to receive, possess, sell or in any man. ner use liquor contrary to the state prohibition"