Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-01-09
Supreme Court Decides Meas
ure to Prevent Liquor Ship
mentS Into Prohibition
States Is Constitutional,
PERSONAL USE
CAN BE CURTAILED
Common Carriers May Not
Take Wet Goods Shipped
to Private Citizens if State
Declares Against It,
tHv MORNING JOURNAL SPECIAL LsAssp wlsGl


Washington, Jan. Sin the most
sweeping of all decisions upholding
prohibition laws, the supreme court
today upheld as constitutional and
valid the Webb-Kenyon law. prohibit
ing shipments of liquor from wet to
dry states. 1t also sustained West
law prohibiting Importation in inter
state commerce of liquor for personal
use.
After having been vetoed by Presi-
dent Taft who held it unconstitu-
tional, and having been re-passed by
congress over his veto, the law was
sustained by the supreme court by a
vote of to 2. Leaders of the pro-
hibition movement declare it is sec
ond only in importance to the pro-
posed constitutional amendment. Law
yers for liquor interests who heard
the decision today admitted it upheld
and applied the law 'in its fullest
sense.
Chief Justice White announced the
majority opinion, to which Justices
Holmes and Van Devanter dssented.
McRcynolds Concurs.
1t was announced that Justice Nc
Reynolds concurred in the decision
but not completely in the opinion.
Justices Holmes and Vandevepter
were tho two dissenting justices.
'"The all-reaching power of govern
ment over liquor is settled" said the
chief justice in announcing the decis-'
ion. There was no intention of con-
gress to forbid individual use of
liquor, The purpose of this act was
to cut out by the roots the practice of
permitting violations of state liquor
laws. We can have no doubt that
congress has complete authority to
prevent paralyzing of state authority
Congress exerted a power to co-ordi-
nate the national with the state au-
thority. Attorneys for national liquor
organizations who are in court said
the decision upholds and applies the
Webb Kenyon law "in its broadest
Interstate Commerce Helpless.
Wayne e. B. Wheeler, counsel for
the Anti Saloon League of America,
who, with Fred Blue, state prohibi-
ton commissioner of West Virginia,
argued the case before the court,
made this statement on the courts
decision:
"The states may now prohibit the
possession, receipt, sale and use of
liquors and not be ham
pered by the agencies of interstate
commerce"
In an official abstract of the courts
decision it was stated that the court
holds:
Restriction Serious.
Il. That the West Virginia law.
beside prohibiting the manufacture
and sale of all intoXicants except as
TO that which is permitted for medi-
cal, sacramental and manufacturing
purpose, also forbids all transporta-
lion of liquor and all receipt and pos
session of liquor transported in the
state, whether originating in or out
side of the state and, although it does
not prohibit personal use, puts serious
restrictions upon the power to obtain
FOR such use.
"The court holds that in view of
he well-established police authority
Of the state over intoxicants there is
10 reason to think that this law was
n any wise repugnant to the due pro-
'ess clause of the fourteenth amend
mend to the constitution Of the United
States. 1t, however, decided that un-
ess the state authority has an excep-
ional application to shipments of in
.erstate commerce as the result of act
If congress known as the Webb-Ken-
,on law, the provisions Of the state