Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-01-15
SECTION or OLD Law COMES
UNDER APPLICATION or U. ..
COUNT RuLlNG.
ONLY PERMIT HOLDERS
CAN SECURE LIQUORS
Attorney General Havner Holds Trans
psrtation Companies Can Not 40
espt Shipments TO sootlsssers and
Law v'oIators Without lncurrins So.
4 we're Pensltlss. ,s-ti- 49,. - :
Special to Times Republican.

special to Times-RepuDiican.
Des Moines, Jan. 15.--In response to
requests and in view Of the deep inter-
est being taken in the ruling Of the
United States supreme court on the
West Virginia case involving the APP
plication of the Webb Kenyon law,
Attorney General Horace NJ. Havner
Saturday gave out an explanation OF
the ruling and its application to liquor
laws in Iowa. He declares that with
the construction given by the supreme
court OF the United States to the
Webb Kenyon act, section 2419 OF the
Iowa code will prevent the shipment
into this state of any intoxicating liq-
uor except to permit holders. His ex-
PLANTATION follows:
THE three propositions discussed by
the supreme court of the United States
in the case OF the Clark Distillins
Company against the Western Mary
land Railway Company and the state
OF West Virginia are as follows:
II. The correct meaning OF the
West Virginia law as to the subjects
in dispute;s2. the power of the state to
enact prohibition law consistently
with the due process clause of the
Fourteenth amendment and the exclu-
sive power OF congress to regulate
commerce among the states, and, 8. as
Stunning the eonstitutionality OF the
Webb Kenyon act, what Is its true
meaning and it's operation upon the
prohibitions contained in the West
Virginia law.
ION the first jproposition the court in
discussing the West Virginia law said
that there was no question that the
state had the right and the power to
prohibit the receipt Of liquor for per-
sonal use and that the law as it was
drawn in West Virginia applied equal
Ii to shipments from outside as well as
those originating in the state.
"On this second proposition the court
said that the government can consist
entity with the due process clause FOR
bid the manufacture and sale of liquor
and regulate its traffic and that there
goes along with this power full police
authority to make it effective. These
things being true. there was no doubt
that the west Virginia prohibition law
did not offend against the due process
clause of the Fourteenth amendment.
state Laws Applicable.
Tn discussing the third proposition
the supreme court said: AS the state
law forbade the shipment into or ship
ment OF. liquor in the state. whether
from inside Or out, and all receipt and
possession Of liquor SO transported
without regard to the use to which the
liquor was to be put, and az the Webb
Kenyon act prohibited the transporta-
tion in interstate commerce OF all liz
uor intended to be received, possessed,
sold or in any manner used, either IN
the original package or otherwise. in
violation of any law of { such state.
there would seem to be no room for
doubt the prohibitions Of the state law
were made applicable by the Webb
Kenyon law
"The court also said that this con-
struction was not giving too wide an
effect to the Webb Kenyon law and
that the argument that the Webb
Kenyon law was only intended to in
clude state prohibitions in so far: as
they forbade shipment, receipt and
possession OF liquor for forbidden use
and that as individual use was not
forbidden by the state law, the ship
ment receipt and possession for such
use was not embraced in the Webb
Kenyon act and the state law was an
erroneous view.
THE court said that the Webb Ken
yon act was intended to extend what
was done by the Wilson act, that Is,
its purpose was to prevent the imm,i-
nifty characteristic of Interstate COM
merce from being used to permit the
receipt OF liquor thru such commerce
in states contrary to their laws, and
thus. in effect, afford a means by sub
terfuge and indirection to set such
laws at naught;; that the Webb-K
yon law against shipment, receipt and
possession is applicable and con-
trolling irrespective Of whether the
state law did Or did not prohibit the
individual use Of liquor.
The Webb Kenyon law does not
simply forbid the introduction OF liquor
into state Tor prohibited use but it
takes the protection OF interstate COM
merce away, from all receipt and pos
session OF liquor prohibited by state
law. . s. I
Section 2419 OF our own code pro-
vides: II any express or railway COM
pany or any common carrier, or per-
son. or any one as the agent or em-
ploye thereof shall transport or con-
vey to anyeperson within this state any
Intoxicating liquors without having
been furnished with a certificate from
the clerk Of the court issuing the per-
NIT showing that the, consignee is A
permit holder and authorized to sell
liquors in the county to which the
shipment Is made, such company, com
mon carrier. person, agent or etmploye
thereof. shall. upon conviction. be fined
in the sum Of 800 for each offense and
pay the costs Of prosecution including
a reasonable attorneys fee to be taxed
by the co:!rtt. = ::
with the construction given by the
supreme court Of the United States to
the Webb-K Kenyon act, section 241s
would prevent the shipment into this