The Union times. [volume] (Union, S.C.) 1894-1918, 1917-01-12
Supreme Court UphoIds Con-
sfffufionaIify of Webb-kenyon
Acf-Under Interpretation of
Law Almost Any Restriction
Can Be Placed on Imports of
Infoxicanfs Through Medium
of Interstate Commerce.

washington, Jan. S.-ln the most
sweeping of all decisions upholdinG
prohibition laws, the supreme court
today upheld as constitutional and
valid the Webb-kenyon law prohibit
ing shipments of liquor from "wet"
to "dry" States. 1t also sustained
West Virginia's recent amendment to
her law prohibiting importation in in
terstate commerce of liquor for per-
sonal use
After having been vetoed by Pres
ident Taft, who held it unconstitution-
al, and having been repaSSed by con-
gress over his veto. the law was sus-
tanned by the supreme court by vote
of z to 2. Leaders of the prohibition
movement declare it is to their fight
second only in Importance TO the pro-
posed constitutional amendment.
Lawyers for liquor interests who
upheld and applied the law Gin its
fullest sense"
Chief Justice White announced the
majority opinion. to which Justice
Holmes and Vandevanter dissented.
Justice McReynolds, while agreeing
with the majority decision, did not
concur in the opinion.
An official digest of the majority
opinion prepared bv the court set out
its holding as follows:
A Stringent Law.
"1. That the West Virginia law
besides prohibiting the manufacture
or sale of all intoxicants except as
to that which is permitted for medi-
cal, sacramental and manufacturin"
purposes. also forbids all transporta-
tion of liquor and all receipts and
noSsession of liquor TRANSPORTED in
the State. whether originating in or
outside of the State, and although it
does not prohibit personal use, puts
serious restrictions upon the power to
obtain for such use.
"The court holds that in view of
the well established police authority
. Of the State over the intoxieants,
there nS s Fess op fhjnl thAtstAls
thaS due process clause of the 18th
Tahiendment to the constitution of the
United States. 1t, however, decides
an exceptional application to ship
ments of Interstate commerce as the
result of the act of congress known
as the Webb-Kenyon law, the pro-
visions of the State law restricting
shipments of intoxicants into the
State from other States would be un-
constitutional, because interfering
with the power of congress to regu-
late commerce among the States and
consequently woul dbe a direct bur-
den upon such commerce.
Of Wide Effect.
g. Considering the Webb-Kenyon
act, the court holds that there is no
foundation for the contention that
the act only applies to shipments
from one State into another for a use
prohibited by the State to which the
liquor is shipped. On the contrary it
is decided that the Webb Kenyon act
to use the words of the act, applies
to shipments of liquor intended to
be received, possessed. sold or in any
manner used in violation of the laws
of the State. 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-Kenyon act. it is de-
cided that the West Virginia law was
not in conflict with the commerce
clause of the constitution and the
power of congress to regulate COM
merce if congress had power to en-
. act the Webb kenyon law.
"3. Disposing of that question. it
is decided that congress had the pow
er under the constitution to adopt the
Webb-Kenyon law, whether consid-
cred from the point Of view of original
reasoning or in the light of the urevi-
Gus legislation by congress and the de-
cisions of the court holding that legis-
lation valid.