Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1917-01-12
Liquor Laws Upheld.

In the most sweeping Of all decisions
upholding prohibition laws. the Supreme
Court last Monday upheld as constitutional
and valid the Webb-Kenyon law prohibit
log shipments Of liquor from wet to dry"
States.
IL also sustained West Virsinias recent
amendment TO her law prohibiting imDor-
tation in interstate commerce Of liquor for
personal use
After having been vetoed by President
Taft. who held ii unconstitutional. and
having been repassed by Congress over his
veto. the law was sustained by the Su-
pfeme Court by vote Of 7 to 2. Leaders
OF the prohibition movement declare il is
TO their fight second only In importance
to the proposed constitutional amendment.
Lawyers for liquor interests who heard
the decision admitted it upheld and applied
the law lin its fullest sense"
Chief Justice White announced the ma
jOrity opinion. to which Justices Holmes
and Vandeyanter dissented. Justice Nc
Reynolds. while agreeing with the majority
decision. did not concur in the opinion.
An official digest of the majority opinion,
prepared by the court. sets out its hold
ines as follows:
Il. That the West Virginia law. besides
prohibiting the manufacture and sale Of
all intoxicants except as 10 that which is
permitted for medical. sacramental and
manufacturing purposes; also forbids all
transportation OF liquors and all receipt
and possession Of liquor transported in the
State. whether originating in or outside Of
the State. and although it does not pro-
hibit personal use. puts serious restrictions
upon the power to obtain for such use.
The court holds that in view Of the
well-establshed police authority Of the
State over intoxicants. there is no reason
TO think that this law was in any wise re-
puenant to the due process clause Of the
fourteenth amendment to the Constitution
OF the United States. II. however, decides
that unless the State authority has an ex-
ceptional application to shipments Of in
terstate commerce as the result Of the act
Of Congress known as the Webb-Kenyon
law. the provisions Of the State law re-
strictine shipments Of intoxicants into the
State from other States would be uncon-
stitutional because interfering with the
power Of Congress 10 regulate commerce
among the States and consequently would
be direct burden upon such commerce.
- Considering the Webb-Kenyon act,
the court holds that there is no foundation
for the contention that the act only applies
TO shipments from one State into another
for use prohibited by the State to which
the liquor is shipped. On the contrary.
II is decided that the Webb-Kenyon act,
TO use the words Of the act. applies to
shipments Of liquor intended to be re-
ceived. possessed, sold or in any manner
used In violation Of the laws Of the State.
As this conclusion causes every prohibit
ton Of the West Virginia law to be en-
braced and come under the right conferred
by Congress by the Webb-Kenyon act. il
Is decided that the West Virginia law was
not IN connict with the commerce clause
Of the Constitution and the power of Con-
eress to regulate commerce IL Congress
had the power to enact the Webb Kenyon
law.
IS. Disposing Of that question. it is de-
cided that Congress had the power under
the Constitution to adopt the Webb-Ken-
yoD law. whether considered from the
point Of view Of original reasoning or in
the light Of the previous legislation by
CONGRESS and the decisions Of the court
holding that legislation valid.
1t is therefore decided that by virtue
OF the Webb-Kenyon law there is no pow
Or to ship intoxicants from one State into
another in violation Of the prohibitions Of