The Mena weekly star., 1917-01-11
BD-KENYON LAW IS CONSTITUTIONAL
Prohibits Citizens From Receiving Liquor for Personal Use Shipped by Common Carriers in Inter-
 state Commerce.

Washington, Jan S.-The Webb Kenyon law, designed to prevent liquor shipments from wet to dry states, was today declared constitutional by the Supreme court, by vote of : to ?, which also up held West Nirginias prohibition amendment, prohibiting citizens from receiving liquor for personal use shipped by common carriers in interstate commerce.
 Liquor legislations-th Federal Webb-kenyon Act of March |. 1913, and West Virginia's prohibition laws-were brought before the Su- preme court i'll two test cases of the James Clark Distilling Company of Cumberland, Md, against the Amer iean Express Company and Western Maryland Railroad. Whether pro hibition states, under the Webb Kenyon law or otherwise, may pro- hibit shipment of intoxicating liq- uors, in interstate commerce, for personal use of the citizens in dry territory, was the principal question raised.
 In the two West Virginia cases, the liquor interests asserted that it was not necessary for the Supreme court to determine constitutionalty of the Webb-kenyOn law, unless the court | should uphold the West Virginia statute prohibiting West Vrsinians from receiving or possessing" liq- uor secured in interstate commerce 1 by transportation over common car rierS.
 An incidental question raised was whether prohibition states which permit their citizens to have and use liquor may prohibit interstate carriers from transporting liquor to such citizens for their individual use and not. for sale.
 Effectual enforcement of dry legislation in prohibition states was said by prohibition advocates to de- pend upon validity of the Webb Ken yon Act, designated to give dry" states the right to prevent liquor shipments from wet states. Goun- sel for the liquor interests contend ed that the Webb-Kenyon Act is void if 1t delegates to states. the federal right to regulate interstate commerce. They also contend that, as West Virginia's prohibition law permits citizens to have and use liquor, altho prohibiting ot manu- l Jt.,. q 1915 prohibiting citizens from "re- ceiving or possessing" liquor by common carriers in interstate com merCe IS unconstitutional.
 ] The Webb-KenyOn law was en- 1 titled "an act divesting intoxicating 1 liquors of their interstate charac- ter in certain cases" It was named for it's cO-authors, Representative Webb of North Carolina and Sena- tor Kenyon of Iowa. The act was passed over President Taft's veto, and provides that shipment of in- toxicating liquors from one state to another, which intoxicating liq- uor is intended by any person inter- ested therein to be received, pos sessed, sold of in any manner used in violation of any law of such state is hereby prohibited"
 The especial clause of West Vir- ginia's prohibition law attacked as void, makes it unlawful for any person in that state to receive di- rectly or indirectly, intoxicating | liquors from a common carrier or other carrier" The law also was made applicable to liquor intended for personal use or otherwise, and to interstate as well as to intrastate shipments" Another clause. how ever, permits persons to personally carry into the state liquor, not eX- ceeding a half-gallon, for personal use and when plainly labeled Be- for the Supreme court the liquor interests argued that this latter clause gave the right to have and luse" liquor and that, therefore, the law banning interstate shipment was void as a state regulation of inter- state commerce, not affected by the | Wphb-KpnVop law