The Birmingham age-herald., 1917-01-10
Judge Weakley Discusses Supreme Court Decision
 in West Virginia Case
FURTHER RESTRICTION
 ON LIQUOR POSSIBLE
Question of Legality of Restricted Shipment Liquor Laws Finally Settled, According to
 Judge Weakley

The ruling of the supreme court of the United States in the West Virginia case on the constitutionality of the Webb Kenyon bill shows conclusive ly that the several states which have
 restricted liquor shipments may go even further in this matter, accord ing to Judge Samuel D. Weakley in a statement given to The Age-Her- aid yesterday.
 Judge Weakley, who drafted the present prohibition laws of Alabama as well as those of many of the oth- CT dry states, declares that the status of the Alabama laws Is not affected
 by this decision as that is governed by the laws enacted by the last legis- lature These laws, it will be recalled, were declared constitutional by the supreme court of Alabama soon after they went into effect. The attack
 made on the Alabama laws was sim liar to that in the West Virginia case before the United States supreme court, according to Judge Weakley. In response to a request yesterday from The Age-Herald for statement
 
 decision of the supreme court of the United States in the West Vir- ginia case, relating to the Webb Kenyon law in its bearing upon ship ments of liquor from one state into another. Judge Weakley said: WEST VIRGINIA LAW "The West Virginia statute involved A1r
 Tt shall be unlawful for any per son in this state to receive, direct ly or indirectly, intoxicating liquors from a common or other carrier. It shall also be unlawful for any person in this state to possess intoxicating liquors received. directly or indirect- ly, from a common or other carrier in the state This section shall ap- ply to such liquors intended for per- sonal use as well as otherwise, and to | interstate as well as intrastate ship ments or carriage
 Tt will thus be seen that the legis- lature of West Virginia had enacted 8 statute forbidding all shipments into the state by the means of com mon carriers. which would include railroads and express companies. and | the purpose of the suit which was brought by the James Clark Distill- l ing company of Baltimore was to com- pei railroads and express companies l to transport such shipments into West 1 Virginia under the claim that the I West Virginia statute was void un- der the fourteenth amendment to the constitution of the United States and under the commerce clause also. l "The supreme court of the United l States held that the West Virginia statute was valid and that 1t fairly came within the terms of the Webb Kenyon law. which was enacted by | Congress under it's power to regulate | commerce among the states and which. by it's terms. forbids the ship ment or transportation of intoxicating liquors from one state to another, I when the liquors are intended by any 1 person interested therein to be re- ceived, possessed. sold or in any man. ner used in violation of the laws of l the state into which 1t Is proposed to ship the liquor.
 TAFT VETOED BILL
 "The restricted shipments laws that l have been enacted in so many states and in Alabama among the number have all rested for their validity upon I tho Webb-Kenyon law. That law was sustained by the supreme court of Ala | bama in June, 1915. and has been sus- | tained by every state supreme court l that has considered it. notwithstand- l ing President Taft vetoed it upon the | alleged ground that 1t was unconsti- l tutional
 ''As result of the decision by the 1 supreme court of the United States, it can now safely be affirmed that the | restricted shipments laws of all the 1 states are valid and that the states
 have the right to go even farther than many of them have gone thus far. The
 decision in the West Virginia case does not affect the status in Ala
 bama. because that is governed by the
 laws enacted by the legislature of this state at tine last session.
 THE ALABAMA LAW
 Tt was contended in the attack on the Alabama laws by the attorney for ! the National Wholesale Liquor Deal CTS association. Hon. Lawrence Max l we'll of Cincinnati, formerly solicitor general of the United States during President Clevelands term. that the Legislatures of the states had no au. thority to restrict the shipment oi liquor for personal use and such con. tention was renewed before the su- preme court of the United States 1T tHe west II S iilet -tdSc. lHc AldDdlic supreme court overruled this conten. tion and the supreme court of tho United States. the, highest authority in the land. has now done the samt I thing. In other words, the police pow, CTS of the state may be exerted to thu 1 extent under the Webb-Kenyon bill of preventing any shipments into dr, territory. but the Webb-Kenyon bill in and of itself. does not interfere I with the shipments. That Is accom- plished by the enactment of stat. | law that will harmonize with the au
 thority contained in the federal statute.
 "The opinion of the supreme cour of the United States was pronounced by Chief Justice White. The decision coming as it does from the highes court fin the land. sets at rest an i'm portant question of law that has beer more orr less mooted in the variou, states in connection with anti ship l ping. laws"
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