The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-01-12
Clearing Prohibitions Way

II ROHlBl lion Tor Hawaii received the grea
L est advancement to date when the Suprem
Court on Monday declared the bb-Kenyon La,
a constitutional measure. This law was enacte
in congress to prohibit the shipment of Intoxicating
liquors from wet" into dry" territory where tn
latter had laws prohibiting imports, and its en-
dorsement by the highest tribunal means tina
those opposed to prohibition have been deprived
OF their most potent argument, the argument tina
prohibitions means only that the poor are to b.
restricted in the right to booze because the rcl
are always able to import intoxicants for thei
own use.
This was the stock argument raised by JOIN
Wise and the other professional anti-prohibition
lists in the plebscite campaign held in Hawaii some
years ago, at which time many who argued anC
voted against the enactment, of prohibition law
announced their readiness to support prohibition
for Hawaii if some way could be devised to pre-
vent the importation from California. This the
Webb-Kenyon Law does.
The Supreme Court had the constitutonality G,
the law questioned before it in rather an involved
way, the James Clark Distilling Company of Cum
berland, Maryland having brought suit against
the American Express Company and the Western
Maryland Railroad for refusing to transport in.
toxicants into West Virginia. The transportation
companies based their refusal to accept the inter
state shipment on the fact that the federal law
prohibited such shipment into prohibition terri
tory and the West Virginia law prohibited West
NirginiNns from receiving or possessing" liquor
received in interstate commerce by transportation
over public carrier.
An incidental question raised was whether pro-
hbtion 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.
Counsel for the liquor interests contended that
the Webb kenyon Act is void if it delegates to
States the federal right to regulate interstate COM
merce. They also contend that as West Virginia s
prohibition laws permit citizens to have and use
liquor, although prohibiting its manufacture or
sale, an amendment of 1915 prohibiting citizens
from receiving or possessing" liquor by common
carriers in interstate commerce is unconstitutional.
The Webb-Kenyon Law is entitled IAN Act
Divesting Intoxicating Liquors of their Interstate
Character in Certain Cases" 1t was named for
its co-authors, Representative Webb of North Ca
rolna and Senator Kenyon of Iowa. The act was
passed over President Tafts veto and provides
that shipment of Intoxicating liquor from State
to another, (which Intoxicating liquor is intend
ed by any person interested therein to be received,
possessed, sold or in any manner used--in viola
ton of any law OF such State. ....s hereby pro-
hibited" ss7
The especial clause of West Virginas prohibi-
ton law attacked void makes it unlawful for
any person in that State ito receive directly or in
directly, Intoxicating liquors from a common or
other carrier" The law also, was made applica-
bic to Liquors intended for personal use other
wise and to interstate as well as interstate ship
ments" Another clause, however. permits per-
sons to personally carry into the State liquor, not
exceeding half gallon, for personal use and when
plainly labelled. Before the Supreme Court, the
liquor interests argued that this latter clause gave
the right to "have and use" liquor and that there
fore, the law banning interstate shipment was
void as state regulation of interstate commerce,
not affected by the Webb-Kenyon Law
Now pending before the Supreme Court is an
other from North Carolina raising validity of
the federal law which probably will depend upon
the courts decision in the present West Virginia
cases These two cases were twice argued
before in May, 1915, and November, 1910, and att
torney general of Arizona, Georgia. Idaho, Iowa,
Kansas, Mississippi, North Carolina. North Da-
kota, Oklahoma, Oregon, South Carolina, Tennes-
see, Virginia, Washington and Alabama filed a
brief asking the court to uphold the federal statute.
~~<~-
The selection of Curtis P Iaukea by Governor
Pinkham as his choice for the Secretary OF Hawaii