Grand Forks herald., 1917-01-11
THE WEBB-KENYON LAW.


The federal supreme court has sus-
tanned the Webb Kenyon law, and that
law is now in full force and Of un-
questioned validity
The law was enacted for the pur-
pose of removing one obstacle, and
very important one. in the way of the
enforcement Of state statutes regu-
lating or prohibiting the sale of in
toxicants. The right Of the state, IN
the exercise Of its police power. to
prohibit the sale Of intoxicating bev-
eraEes within its borders has long
since been fully established. But the
federal, and not the state government,
controls in the matter Of interstate
shipments. A state might prohibit the
sale of liquors within its borders but
it could not prevent their importation
from other states. Accordingly, large
quantities of intoxicants were shipped
into prohibition states to persons
whose business was the sale Of liquor
in violation of the state law. These
violations could be punished If the
facts could be established, but the
shipments could not be prevented.
Under the law just upheld. liquor
shipped from one state to another is
rendered subject to the laws Of the
state into which it is shipped, congress
waving to that extent its control over
interstate traffic. It is further made
a punishable offense to ship liquor
into another state knowing that 1t is
intended to be used in violation Of the
laws Of that state.
The law does not undertake to pro-
hibit or regulate the use of sale of
liquor. 1t simply deprives those who
wish to violate state law Of the pro-
tection Of the federal government in so
doing. 1t makes the control Of the
states in this matter practically abso-
lutte. In tho state Of North Dakota
the manufacture and sale Of intoxi-
eating beverages are prohibited. There
is no interference with importation
for personal use, or with possession or
! use. A shipper in another state,
therefore, may lawfully ship liquors
into North Dakota, and railroad
| company may carry them, when the
shipments are intended for personal
use only. But If the intent is that the
liquors shall be sold. both shipper and
carrier are liable, provided they know
Of this purpose, and it is held to be-
their duty to satisfy themselves that
the purpose is lawful before UNDER
taking the transaction.
Another point covered in the decis-
ion is that the state may prohibit the
importation Of liquors or their possess
sion by individuals, and If this is done
the interstate laws cannot be invoked
as a defense. The effect Of the de-
cision is to place control of the liquor
traffic entirely within the jurisdiction
of the state, or so nearly so that what
is left is almost negligible.
The Herald believes heartily in the
principle of this law. It urged its pass
age while 1t was pending. 1t expressed
regret that President Taft had vetoed
1t because Of his belief in its uncon-
stitutionality. It approved Of Its pass
age over his veto. in order that in a
case SO important. and where the le-
gal status was not clear, the supreme
court might have an opportunity to
decide. And 1t regards the fixing Of
this law on firm basis under the re-
cent decision AZ a fortunate thing for
the nation at large and the state Of
North Dakota in particular. 1t 10 ex-
pected that this decision will be fol-
lowed in this state by better enforce
ment of the prohibition law than has
ever been possible heretofore.