The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-01-11
THURSDAY MORNING, JANUARY II, 1917.
THE WEBB-KENYON DECISION.

THE WEBB-KENYON DECISION
The decision of the United States supreme court on
Monday unfolding the constutionaity Of the Webb-Ken-
yon law prohibiting the shipment of liquor from wet dry
states the hardest blow John Baeycorn has yet received
Under the old theory Of interstate shipments of commod
ties the transaction not supposed be complete until
the package had been delivered into the hands of the con-
sgnee.
State laws to the contrary had been swept aside under in
terpretaons of the famous clause in the federal cons
ton giving congress exclusive control Of commerce be-
tween the states.
The intent of the Kenyon was 10 give full effect
to the laws of the individual by giving the state full
control over interstate shipments of liquors. the
commodity passed the boundary line of the state.
Before its enactment by congress in 1911, the police
power OF the states had been set at naugh by the legal
tenton that the states had right power any
law that nterfered in any with interstate Shipments
The WebbKenyon law was entitled "an act dvesng in
toxcatng liquors of their interstate character in certain
cases. 1t simply provided that the shipment of noxcat
ing liquors from state to another which Intoxicating
liquor intended by any person interested therein to be
received possessed sold any used in viola
ton of any law of such state is hereby prohibited"
Where the state itself has prohibited the sale pos
session OF liquors the provisions OF the WebbkenyOn act
OF course do not apply.
The states of Washington and Oregon have prohibited
the manufacture and sale of liquors within the state but
have not prohibited the shipment of liquors the state
tor the personal use of the purchaser
he decision OF the supreme court will in way disturb
quor shipments into these two states But in Idaho not
only is the manufacture and sale prohibited but also the
possession and importation from other In that
the provision of the WebbKenyon law will prohibit the ex
press companies from delivering the package the
signee the shipment will be governed by the provision
OF the state law Immediately on coming within the boun-
daries of the state.
he decision of the supreme court holding the
stltuonal will recall some minds the message of Pres-
Dent art when he sent congress his Of the Webb
Kenyon bill he based his for the the ground
that the proposed legislation Unconstitutional
notwithstanding the veto message, congress promptly
passed the Dill over the veto and the supreme now
holds it to be constitutional by a vote of seven to two
ne tar-reachng future effect of the decision can
hardly be oVerestimated The prohibition leaders declare
the decision is to their fight second only in Importance to
the proposed federal constitutional amendment
The day following the Knockout blow for ohn Barley
corn as administered by the supreme court the United
otaes senate by of IS g. passed the SHEPPARD
Dill to abolish saloons in the national capital after Novem
Der | OF the present year.
will be noted however, that the bill only abolishes the
saloons ana does not prohibit the importation of liquors
INTO the District of Columbia for personal use Even the
most ardent dry champions would hardly advocate the pro-
holton OF the importation of liquors the federal dis
trlct Tor personal use it might lead to international
complications should the members of the foreign embassies
become involved in question of this kind
II IS also interesting to note that the same day the
sheppard Dill passed the senate the house committee began
ITS hearings on the bill to prohibit the liquor traffic in
f1aWa and also drastic regulation measure for Alaska
On tne same DAY the governor Of Utah in his message
to the legislature said The first duty to enact an e.
fectVe promotion law-one providing for absolute prohi-
bon within the borders of the state AS large majority
of the Utah legislature elected on stajghtout prohi
biontHattermsthere is little question that the state will
BECOME At least statutory dry within the next 60 DAYS
Of certainty the road lately travelled nv old man John
Bareycon becoming rough and his destination more and
more uncertain Soon there may be left none so humble
as to do him reverence, -