Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-01-23
KENYON LAW
GUARDS DRY STATES,
DECLARES HARDW|CK
Junior Senator From Georgia
Accordingly Decides Not to
Press Bill Prohibiting Inter-
state Whisky Shipments
BY RALPH SMITH

WASHINGTON, ID. c., Jan. 20.-After
a careful examination Of the opinion of
the United States supreme court. sus-
tanning the Webb-Kenyon law, Senator
Thomas w. Hardwick has decided not 10
press his bill prohibiting the shipment
OF whisky in Interstate commerce into
states that have by law forbidden its
sale. manufacture and possession. The
senator is convinced that the courts in
depreciation OF the Webb-Kenyon Law
makes il unnecessary for further federal
Legislation except by way or safeguard
ing the act recently sustained. He pro-
poses to have this amended so as to pro-
vide severe penalties for violations of
its provisions.
II is the view of Georgias Junior SEN
ator that the court decision in the West
Virginia case, involving the Webb-Ken-
yon law, is sweeping as to provide
adequate protection for any state in the
complete enforcement of whatever pol
icy il may chose TO adopt with refer
ence to the whisky traffic. In a wore,
he believes that the statute, con
strued by the court, makes possible To-
cal self government with respect to pro-
hibition.
Senator Hardwick today prepared and
gave out for publication a comprehen-
sive discussion of the Webb-Kenyon law
and the decision of the supreme court,
as follows:
THE SENATOR'S STATEMENT.
ION January 6. 1917. l introduced i'm
the senate a bill to prohibit the ship
ment of intoxicating liquor through in
terstate commerce to any state where by
law the. manufacture and sale and pos
session or use of such liquor for bever-
age purposes is now or may hereafter
be prohibited.
This provision meant, and was in
tended to mean, local self government
for every state in the union, and it was
further meant to secure the maintenance
Of whatever policy a state might adopt
on this question, without any possible
notification thereof through interstate
commerce.
The passage Of such an act was, in
nv opinion, necessary so long as there
remained any doubt or uncertainty
about the constitutionality OF the Webb
Kenyon law, but on January 8, 1917, the
supreme court of the United States, In
the Clark Distilling company case, up
hcld the constitutionality of the Webb
Kenyon law, and held that the effect of
that statute was to take away the pro-
lection of interstate commerce from
Iiouor prohibited by state law. A care
full examina ton of that opinion dis
closes the fact that except in one re-
gard. to be stated hereafter, there Is no
necessity for any further modification
of the law in order to secure adequte
protection for any state in the complete
enforcement of whaeever policy 1T may
choose to adopt with respect to the
liquor question. There is one serious de-
feet. however, in the Webb-Kenyon law.
No criminal penalty for the violation of
its provision is provided in that law
For these reasons, l have come to these
conclusions:
HARDWICKS CONCLUSIONS.
First That no further amendment of
the federal law is needed in order to
secure the right of a state to enforce
absolute prohibition within its borders
against the shipment of liquor from
other states in violation of its laws, and
that it would be unwise to modify the
language of a law that has already been
construed and approved by the supreme
court, and which is admittedly suf-
fcient to accomplish the purpose in
tended
Second That If prohibition is to be
enforced. the dry states. under the laws
that they have already passed, or may
hereafter adopt, II will be necessary to
mend the Webb-Kenyon act so as to
rovide penalties for its violation. 1t
will not do to depend upon the costly
and cumbersome process of injunction
consequently, 1 have urged a subcom-
mittee of the senate committee on the
judiciary to report as a substitute for
my bill a simple amendment to the
webb-Kenyon law providing adequate
penalties for its violation. The penal
ties have suggested are as follows:
For the first ofrense. fine or not less
than $50 nor more than $500.
For the second offense, a fine of not
less than 500 nor more than $1,000,
and for any subsequent offense a fine of
not more than $4,000 and Imprisonment
for not more than five years, or both.
The senate subcommittee has agreed
TO report this amendment, and am as
sured that IL will be accepted by the
senate committee, and by the senate it
self. and that it's early passage during
the present session of congress is GER
tain.
with the passage Of an amendment
adding adequate and proper penalties
for violation of the webb-Kenyon law,
and with the law barring liquor adver-
tisements from the mail in dry states,
to which the senate has already agreed.
and which will certainly pass the house
during the present session, ii seems to
me that we will have used every agency
of the federal government not only to
prevent any notification of the state
policy and state laws with respect to
| liquor, but we will have used every
proper agency and facility of the fed
| eral government and of the federal
courts. to uphold and enforce the state
laws
when these laws are passed. as they
certainly will be during the present ses-
sion. local self-government on this
question will be absolutely assured to
every state in the union. Georgia, for
4
people want her to be, and as her consti-
| tutiohal authorities may determine up
on. She can be made and kept bone
dry whenever her people so will and her
/ Legislature so determines"