The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-12-18
FSUITS FLOW FROM VTRCNAS PROHIBITION LAW

has been little or no complaint, al
though one white and n colored
physician and one veterinary surgeon
have been brought to trial but they
were finally acquitted.
The Cider Question.
Referring to the much-discussed
cider provision of the law the COM
missioner says:
"A good deal OF trouble was en-
pect.l from the clause permitting the
sale of one per cent cider both In
rural and urban communities. As a
matter of experience ] must admit
that l have heard less OF the sale OF
hard cider and less disorder arising
from such distribution In the coun-
try than for years and the law seems
TO be reasonably enforced in the
country. Complaints In the cities have
been frequent but In every case II
was of the sale of what il known an
chemical cider. An analysis OF many
of these has shown an excessive per
centage OF alcohol and usually the
brand affected. has been withdrawn
from the market"
! Referring to usual pleas made when
persons are brought TO court that they
were ignorant OF the fact that the
cider contained An unlawful percent
age Of alcohol, resulting often in the
~acquittal of n defendant who is un-
ouestionably guilty, the commissioner
sayH;
These acouittaIs will continue and
such cider will be sold until power
Is lodged with some prudent person
to summarily call of of the market
any contraband brand Of cider and
to suspend or revoke the license t.
sell soft dr!nks."
Warehouse Scandals.
Referring TO section 3 of the Mary
law, which permits the storage in ant
transportation out OF this state OF ar
dent spirits manufactured prior IL
January /, 1916, and stored in Unttec
States bonded warehouses in the Gus
Itody of the United states collector o
Internal revenue," the commissions
says this provision was conceded b,
the general assembly upon the sug
gestton that there was only n Eucf
bonded warehouse IN the state. How
ever. II transpires that there are oth
ers and in and around at least TIVE
OF these scandals have sriaen' winch
whether true or false. bode no goof
for the law and since these ware
houses have had Immunity for a lon.
time, | see no reason why this pro
vision should be retained and goo
reason why II should be repealed
As there are no longer any dispen
saries in Virginia. the commissions
thinks that this same privilege which
IL granted dispensartes should not b
repealed.
Constitutional Questions.
The commissioner then takes up tn
matter OF the constitutional question
which have arisen since the enact
i. ulent of the law. He ays
was to be expected of a LAY
as evolutionary in character, alterlnl
as II did the traditions and custome O
the commonwealth, 1t has had focuse'
upon II all of the skill and ingenuit
of many of the most able and re
sourceful practitioners at the bar o
the state In an effort TO find som
vulnerable point at which to success
fully attack its constitutionaltty. Man
Of the questions thus raised were nna|
lv and decisively answered In the mrs
case before the supreme court OF az
peals, that of Sarah Pine and job
Scott, which came up from the cor
porstion court of the city of Roanok
in which Judge Martin F. Burks an
Judge w. p. Sims, tn full and abb
opinions, completely and e1ectivel
discussed all OF the oh sctions urget
, This case was decided at StauntoH o
, September 20. 1917.
, 1T was commended IN that case TIN
. the Mapp prohibition act was uncor
stitutional because the legislature ha
exceeded It's constitutional powers
prohibiting the manufacture. US
4 sale, offering for sale. t~ransportatio
for sale, keeping for sale and gfvtf'
away OF ardent spirits begond the re
strictions placed upon such legisis
ton by section 60 OF the virgins
: constitution. The decision of the al
, preme court 10 SO clear and expiic
that the zaeatson rasx we'll be regAre
! ed as settled. and finally and deAnitel
: disposed of many other cases In whic
the same question was raised"
; Law liz Fully Upheld
50 Other points OF attack are discusse
/. by the commissioner and the compi@'
. unfolding OF the law in every instanc
is shown.
The commissioned closes this phs,
. of his report with the following trfi
: ute TO the author of the act:
. These are the principal attach
which have bean IeveIed at h COZ
: stitutional,ty OF the act itself. all
: which II has withstood after twel'
: months Of litigation, complete in /