Mexico weekly ledger., 1917-01-11
COURT UPHODs
RIGID DRY STATUTES
webS- Kayos Law ProhibitlE sap
we.ts of Liquor from Wet 70
DRY Stair Is Upheid
Is A SWEEPING VICTORY
n.dsa. Also SustAins West Virginia
Law Regarding Inter-Staie
Shipzeai Of Liquor for
Personal Use

WASHINGTON. D. c. Jan. ? -
In the most sweeping Of all decisions
unfolding prOhEbidOa laws. the So
Dreme Court yesterday upheld as On
stitujonal and valid the Weee-hen-
yos law prohibiting shipments Of h
r,or from wet TO @dry" states. II
also Sustained IVES; virginis's recent
.rspsmeut 70 her lsE prohibiting i'm
.~portation in interstate oonmere o.
.bouor for personal use
After having been vetoed By PTeA
dent Taft. who held il 1noonstto-
uonal. and having been repaSsed by
Congress over his veto. the law was
sustained BY the Supreme Court BY >
vote Of ! 70 2
Leaders Of the prohibition move
nent declare II is to their fight sec
end only in imPOrtAnee TO the pro-
posed constitutional amendment
Lawyers for liquor interests who
heard the decision admitted it up
held and applied the law in its full
est sense"
An official digest Of the majority
opinion, prepared BY the Court sets
out its holdings as follows:
/. That the West Virginia law
beside prohibiting the manufacture
and sale Of all intoxicants except as
to that which is permitted for medl-
cal. sacramental, and manufacturing
processes, also forbids all transpor-
tation of liquor, and all receipt and
possession Of liquor transported in the
State whether originating in or out
side Of the State, and although it does
not prohibit personal use, puts seri-
GUS restrictions upon the power tc
obtain for such use.
"The court holds that in view Of the
well-established police authority OF
the State over intoxicants there is nc
reason to think that thes law was in
any wist repugnant to the due pro
cess clause Of the fourteenth amend
ment to the Constitution of the Unit
cd States. 1t, however, decides thai
unless the State authority has an ex.
eeptional application to shipments o.
interstate commerce as the result o.
act Of Congress known as the Webb
Kenyon law, the provisions Of TIL
State law restricting shipments Of in
toxicants into the State from othe'
States would be unconstitutional, be
cause interfering with the power o
Congress to regulate commerce anon
the States and consequently would b
a direct burden upon such commerce
Entire Law is Upheld.
"2. Considering the Webb-Kenyo
act, the Court holds that there is nj
foundation for the contention tina
the act only applies to shipments
from one State into another for 1
use prohibited by the State to which
the liquor is shipped. On the contra
ny, it is decided that the Webb-ken
yon act TO use the words Of the act
applies to shipments Of liquor, intend.
ed to be received, possessed, sold Of
in any manner used" in violation o.
the laws Of the state. As this con
clusion causes every prohibition o.
the West Virginia law to be enbrae.
ed and comes under the right conferr
ed by Congress by the Webb-K kenyon
act, it is decided that the West Vir'
ginia law was not in conflict with the
commerce clause of the Constitution
and the power of Congress had power
to enact the Webb Kenyon law.
"3. Disposing Of that question, il
is decided that Congress had th'
power under the Constitution Il
adopt the Webb-Kenyon law, Whether
considered from the point of view Of
original reasoning or in the light Of
the previous legislation by Congress.
and the decisions of the court hold.
ing that legislation valid 1t is
therefore, decided that by virtue Of
the Webb-K Kenyon law there is nj
power to ship intoxicants from one
State to another in violation of the
prohibitions of the law of the State t.
which the liquor is shipped.
"In other words, it is decided thai
since the enactment of the Webb.
Kenyon law the channels of inter
state commerce many not be used tc
convey liquor into a State against the
prohibitions of its laws or to use in
terstate commerce as the basis for a
right to receive, possess, sell or in
any manner use liquor contrary to
the State prohibition"