The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-01-09
West Virginia Anti -"Per-
sonal Use" Amendment
Constitutional.
DECISION, BY Z TO 2, a
RECALLS TAFT VETO
Governments Power Over
Traffic. Settled, Says
Chief Justice.

WASHINGTON, Jan. SIN the most
sweeping of all decisions upholding pro-
Nation laws the Supreme Court to-day
uAeld as constitutional and valid the
wsSb-Kenyon law prohibiting shipments
Il hquor from wet" to dry States.
II also sustained West virgania's recent
amendment to her law prohibiting i'm
poftation in Interstate commerce OF
liquor for personal use.
After having been vetoed by Presi-
Dent Taft, who held II unconstitutional,
and having been repassed by Congress
over his veto the law was sustained by
the Supreme Court by a vote Of to 2.
Leaders Of the prohibition movement de-
clared ii is to their fight second only
In Importance to the proposed constitu-
tional amendment. Lawyers for liquor
interests who heard the decision to-day
admitted 1t upheld and applied the law
in its fullest sense"
Chief Justice White announced the
majority opinion. to which Justices
Holmes and Van Devanter dissented. JUS
tice McReynolds. while agreeing with
the majority decision. did not concur in
the opinion.
stops Dry state Violations.
"The all reaching power of govern
ment over liquor is settled" said the
Chief Justice in announcing the deci-
sion There was no intention OF Con-
gress to forbid individual use Of liquor.
The purpose of this act gas to cut out
hy the roots the practice of permitting
violation Of State liquor laws. We can
have no doubt that Congress has COM
plete authority to prevent paralyzing
Stnt A.tN,
power to coordinate the national with
the State authority"
An official digest of the majority opin.
ION. prepared by the court, sets out its
holding as follows
u. That the West Virginia law, be-
SIDES prohibiting the manufacture and
sale Of all ntoxicants. except as to that
which is permitted for medical. sacra-
mental and manufacturing purposes, also
'oroids all transportation Of liquor and
all receipt and possession of liquor trans.
ported in the state. whether orlginatins
in or outside of the State. and although
II does not prohibit personal use puts
serious restrictions upon the power to
obtain for such use.
Conforms to COnstitutiOn.
The court holds that in view of the
well established authority of the State
over intoxicants there is no reason tc
MINK that this law was in any wise re-
pugnant to the due process clause of tho
Fourteenth Amendment to the Constitu
uon OF the United States. 1t, however. de
cided that unless the State authority hat
an exceptional application to shipment.
VI interstate commerce as the result o.
tne act of Congress known as the Webb
hehyon law the provisions of the State
Jaw restricting shipments of intoxicantl
mo the State from other States woulo
oe unconstitutional because interfering
win the power of Congress to regulat,
commerce among the States end conse
quehtly. would be a direct burden upoI
such commerce.
- Considering the Webb Kenyon act
inc court holds that there is no founda
uon Tor the contention that the act onl.
applies to shipments from one State int,
ano'her Tor use prohibited by the Stat,
which the liquor is shipped.
applies TO Liquor Shipments.
=. on the contrary It is decided that tn,
Webb-Kenyon act, TO use the words O
we act applies to shipments OF liquo
Intended TO be received, possessed, sol'
VI IN any manner used In violation o
.,'e laws OF the State. AS this coDclu
.oh causes every prohibition of TIL
west virginia law to he embraced an,
come under the right conferred by Con
sreSS by the Webb-Kenyon act 1t is de
Gled that the West Virginia law wa
not IN conflict with the commerce claus
VI VI the Constitution and the power o
congress to regulate commerce If Con
n'eSs mad power to enact the Webb
KENYON law
., Disposng Of that question, 1t |
ueeined that Congress had the powe
,,.er ui'uer the Constitution to adopt tn
"eOD-kenyon law, whether considers
ron the point of view OF original rea
sonlng or in the light of the previou
tsslation by Congress and the deci
, ,lohs OF the court holding that legisla
Big Victory for Prohibition.
1T is therefore. decided that by virtu
the Webb-Kenyon law there Is n
Sower to ship intoxicants from on
elate into another In violation OF tn
prohibitions OF the law OF the State Int
winch the liquor 10 shipped. In othe
words, 1t is decided that since the enac,
lneht Of the Webb Kenyon law III
snannels Of interstate commerce ma
sW De used to convey liquor into
s,ate against the prohibitions Of u
Jaws or to use Interstate commerce q
he basis for right to receive, posses
seh or In any manner use liquor COZ
"sry to the State prohibition"
Wayne B. Wheeler. counsel for II
Ann-Ssloon League of America. VIII
win Fred Blue. state prohibition con
missioner OF West Virginia. argued u
case before the court, made this stat
"ent on the courts decisions
The States may now prohibit the po
session. receipt. sale and4 use Of into1
eating LIQUOR and not BE- hampered