The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-01-09
|NEBB-KENYON LAW UPHELD BY
COURT IN SWEEPING DECISION
PROHIBITS SHIPMENTS
INTO. DRY" TERRITORY
.Sustains West Virginia Dry
Laws and is National in
Its Application.

WASHINGTON, D. c.. Jan. s.
In the most sweeping Of all decisions
upholding prohibition laws, the Su'
preme Court to-day upheld as constl'
tutional and valid the Webb-Kenyon
law prohibiting shipments of liquor
from wet" to dry States. 1t also
=: sustained West Virgiuia's- recent
amendment to her law prohibiting i'm.
portation in interstate commerce OF
liquor for personal use.
After having been vetoed by Presl-
dent Taft, who held it unconstituhon'
al, and having been repassed by Con-
Eress over his veto, the law was sus-
tanned by the Supreme Court BY vote
OF Z to ,. Leaders of the prohibition
movement declare 1t is to their hight
second only in Importance to the pro-
posed constitutional amendment
Lawyers for liquor interests who
sheard the decision to-day admitted It
upheld and applied .the law in the
fullest sense"
Chief Justice White announced the
majority opinion, to which Justices
Hol1les and Eandevanter dlssented-
Justice McReynolds. while agreeing
with the majority decision, did not
: concur in the opinion.
An official digest Of the majority
zSODl1QOu, pEepdICO OS lAAC SooAS. SSeS
&out its holding az follows:
The Opinion:
= "1.-That, the West Virginia law.
beside prohibiting the manufacture
sale of all intoxicants except as to
,that which is permitted for medical.
sacramsntal and manufacturing lur-
poses also forbids all transportation
of liquor and all receipt and posses
sion of liquor transported in the state.
whether originating in or outside or
the state and although it does not
prohibit personal use. puts serious
restrictions upon tine power 10 obtain
for such use.
s., "The court holds that in view OF the
! well established police power OF the
state over intoxicantS there is no
reason to think that this law was IN
any wise repugnant to the due process
clause Of the fourteenth amendment
: to- the constitution Of the United
States. 1t, however. decides that
unless the state authority has an
exceptional application to shipments
OF interstate commerce as the result
OF the act of congress known as the
;s'Webb-Kenyon law. the provisions OF
,a5the state law restricting shipments OF
sintoxicants into the state from other
I: states would be unconstitutional be-
= cause interfering with the power OF
congress to regulate commerce among
/ the states and consequently would be
q direct burden upon such commerce
-, - Is Far. Reaching.
- Considering the Webb-kenEon
act, the court holds that there is no
foundation for the contention that the
!, act only applies to shipments from
Apne state into another for Il use pro-
hibited by the state 10 which the
liquor is shipped. On the contrary ii
Is decided that the Webb-Kenyon act.
to use the words Of the act. applies 70
shipments of liquor intended TO be
received. possessed. sold or in any
manner used in violation of the laws
of states. 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-kenron act. it is decided that
: the West Virginia law was not in con-
flfct with the commerce clause of the
constitution and the power of con-
gress to regulate commerce If con-
Sress had power to enact the Webb
Kenyon law
"Disposing Of that question. it is de-
cided that Congress had the power un-
der the constitution to adopt tine
Webb-kenyon law whether considered
from the point Of view Of original reas-
ordng or in the light OF the previous
legislation by Congress and the decls-
ions Of the court holding thar legisla-
'tion valid. 1t is therefore decided that