Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-01-09
RULING ON WEBB.kENYON MOST
SWEEPING OF ALL ANTI
LIQUOR FINDINGS.
USE is
NOT TO BE FORBIDDEN
All Shipments Intended For Sale in W.
olation Of Prohibitory Laws Held u
legal Decision Widens Scope OF
Webb. Kenyon Act - Great Victory
For Drys.

Washington. Jan. 9.-The most
sweeping of all decisions was that up
holding prohibition laws by the SUI
preme court yesterday which held con-
stitutional and valid the Webb-kenyon
law prohibiting shipments OF liquor
from wet to dry states
After having been vetoed by Presi-
dent Taft, who held it unconstitutional.
and having been repassed by congress
ever his veto, the law was sustained
" the supreme court by vote of to
. Leaders of the prohibition move
ment declare it is to their fight second
only in Importance to the proposed
constitutional amendment.
Chief Justice White announced the
majority opinion. to which Justices
Holmes and Vandevanter dissented'
Justice McReynolds. while agreeing
with the majority decision, did not con-
cur in the opinion.
Question Of Control Settled.
THE all reaching power OF govern
ment over liquor is settled said the
chief justice in announcing the decls-
ion. There was no intention OF con-
eress to forbid individual use Of liquor.
The purpose of this act was to cut out
by the roots the practice of permitting
violation of state liquor laws. We can
have no doubt that congress has COM
plete authority to prevent paraiyZlnS
of state authority. Congress exerted a
power to coordinate the national with
the state authority"
An official digest of the majority
opinion prepared by the court sets out
it's holding as follows:
81. That the West Virginia law, be-
side prohibiting the manufacture ana
sale of all intoxicants except as TO that
which is permitted for medical, sacra-
mental and manufacturing purposes,
also forb.ds all transportation or liquor
and all receipt and possession OF liquor
TRANSPORTED in the state. whether orig
mating 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.
Upholds State Police Powers.
"The court holds that. in view of the
uel established police authority of the
state over intoxicants. there Is no rea-
son to think that this law was III any
wise repugnant to the due process
clause of the fourteenth amendment 10
the constitution Of the United states
II. however. decides that unless the
state authority has an exceptional ap-
plication to shipments OF interstate
commerce as the result Of the act OF
congress known as the Webb Kenyon
law the provisions of the state law re-
stricting shipments of intoxicants into
the state from other states would be
unconstitutional, because interfering
with the power of congress to regulate
commerce among the states, and con-
seouently would be direct burden
upon such commerce.
Widens Scope Of Act.
go. 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
nv 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 liouor intended to be received, pos
sessed, sold, or in any manner used
in violation of the laws OF the state
As this conclusion causes every prom
bition of the West Virginia law to DC