The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1917-01-10
WEBB-kENYON ACT 1.
HELD TO BE valid
Most Sweeping Decision Yet Rem
dered UphOlding Prohibition
Laws.
BY U. S. SUPREME COURT

valid the Webb-K -Kenkon law prohibit
ing shipments Of liquor from "wet"
to "dry" States. 1t also sustains
West Virginia's recent amendment to
her law prohibiting importation in
interstate commerce of liquor for per-
sonal use.
After having been vetoed by Presi-
dent Taft, who held it demonstrations
al, and having been repassed by Con-
gress over his veto, the law was sus-
tanned by the Supreme Court by
vote Of z to 2. Leaders of the pro-
hibition movement declare it is to
their fight second only in Importance
to the proposed constitutional amend
ment.
Lawyers 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 Justice
Holmes and Vandevanter concurred.
Justice McReynolds, while agreeing
with the majority decision, did not
concur in the opinion.
An official digest of the majority
op''i~n, prepared by the court, sets
our its holdings as follows:
81. That the West Virginia law,
besides prohibiting the manufacture
and sale of all Intoxicating liquors en-
cept as to that which is permitted for
medical, sacramento and manufacture
ing purposes, also forbids all trans
portation of liquor and all receipt and
possession of liquor transported in
the State, whether originating 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.
"The court holds that in view of the
well established police authority of
the State over intoxicants there is
no reason to think that this law was
in anywise repugnant to the due pro-
cess claus Of the fourteenth amend
ment to the Constitution of the Unit
ed States. 1t, however, decided that
unless the State authority has an ex-
ceptional application to shipments of
interstate commerce as the result of
the Act Of Congress known as the
Webb-Kenyon law, the provisions of
the State law restricting shipments of
intoxicants into the State from other
States would be unconstitutional, be-
cause interfering with the power of
Congress to regulate commerce
among the States, and consequently
would be direct burden upon such
commerce.
"2. 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 a use pro-
hibited by the State t. which the IL
quor 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, possessed, sold or in any
manner used,' in violation of the laws
of the State. As this conclusion
causes every prohibition of the West
Virginia law to be embraced and
come under the right conferred by
Congress by the Webb-Kenyon Act,
it is decided that the West Virginia
law was not in conflict With the COM
merce clause Of the Constitution and
the power of Congress had power to
enact the Webb Kenyon law.
"3. Disposing of that question, it
is decided that Congress had the
power under the Constitution to adopt
the Webb-Kenyon law, whether con-
sidered 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.
ut Isl therefore, decided that, by
virtue of the WebbKenyon law, there
is no power to ship intoxicants from
one State into another in violation of |
the prohibitions of the law of the |
State into which the liquor is shipped
In other words, it is decided that |
since the enactment Of the Webb Ken
yon law the channels Of interstate |
commerce may not be used to convey
liquor into State against the pro-
hibition of it's laws or to use inter-
state commerce az the basis for a .
right to receive, possess, sell or in any
Va. g..