Evening star., 1917-01-08
What the Court Decides.

In an official abstract of the courts
decision it was stated that the court
decides:
a. That the West Virginia law. be-
sides prohibiting the manufacture and
sale of all intoxicants, except as to
that which is permitted for medical.
poses. also forbids all transportation of
liquor. and all receipt and possession
of liquor transported in the state.
whether originating in or outside
OF the state. and although it
puts serious t 'G restrict,ops ps'D upon, the the
power to obtain for such The
court holds that, in view of the well
established police authority of the
state over intoxic2nts. there 10 no rea-
son to think that this law was In any
wise repugnant to the due process
clause OF the fourteenth afnendment to
the Constitution of the United states.
1t, however, decides that unless the
state authority has an exceptional ap-
plication to shipments of interstate
Congress known as the Webb-Kenyon law,
The provisions of the state law re-
stricting shipments of intoxicants into
the state from other states would be
unconstitutional because interfering
with the power OF Congress to regulate
commerce among the states. and conse-
quently would be direct burden upon
such commerce.
act. the court holds that there is no
foundation for the contention that the
act only applies to shipment from one
state into another for use prohibited
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 or received. pos
sessed. sold, or in any manner used in
violation of the laws of the state.
AS this conclusion causes every pro-
hibition 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 commerce clause of the Constitu-
tion and the power of Congress to reg
ulate commerce IL Congress had power
to enact the Webb-Kenyon law.
3. Disposing Of that question. 1t is de-
cided that Congress had the power
under the Constitution to adopt the
Webb-Kenyon law. whether consider
ed from the point of view of original
reasoning or in the light Of the previ-
Gus legislation by Congress and the
decisions of the court holding that leg
islatlon valid.
1t Is therefore decided that by virtue of
the Webb-Kenyon law there is no power
to ship intoxicants from one state into
of the law of the state into which
the liquor is shipped. In other words,
1t Is decided that since the enact
ment of the Webb-Kenyon law the
channels Of interstate commerce may
not be used to convey liquor into a
state against the prohibitions of it's
laws or to use interstate commerce as
the basis for right to receive. pos
sess, sell Or in any manner use liquor
contrary to the state prohibition"
What will ha 49,
decision today upholding the Webb
Kenyon law upon the District of CO.
lumbia in the event of the Sheppard
prohibition bill becoming a law was
discussed at the Capitol today inform
ally.
II was pointed out that the Sheppard
Dill does not prohibit the importation
OF liquor for personal use into the Dis
trict of Columbia. The opinion was ex-
pressed therefore that the Webb-Ken-
yon law would not prevent shipments
of liquor into the Dist rict which were
not in violation of the District law.