The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-01-30
REVIEWOF TIL:
WEBB KENYON
CASE IN COURT
If SUSTAINED IT WILL MAKE 1T
EXTREMELY HARD TO OBTAIN
A DRINK IN DRY" TERRITORY
- A STRINGENT LAW.

washington, Jan. 3O.-Liquor legis-
lators-the federal Webb-kenyon act
Of March l, 1913, and West Virginia's
prohibition laws-were brought be-
fore the supreme court in two test
cases Of the James Clark Distiling
company Of Cumberland, Md, against
the American Express company and
Western Maryland railroad. Whether
prohibition states, under the Webb
Kenyon law or otherwise, may pro-
hibit shipment Of intoxicating liquors,
in interstate commerce, for personal
use Of 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 consttutionality of the
Webb-Kenyon law unless the court
should uphold the West Virginia stat
ute prohibiting West Virginians from
receiving or possessing" liquor Sc.
cured in interstate commerce by trans
portation over common carriers.
An incidental question raised was
whether prohibition states which per-
nit their citizens to "have and use"
liquor may prohibit interstate car
riers from transporting liquor to such
citizens for their individual use and
not for sale.
Effectual enforcement of dry" leg.
islaton in prohibition states was said
by prohibition advocates to depend
largely upon validity of the Webb
Kenyon act, designated to give "dry"
states the right to prevent liquor
shipments from wet" states. Coun.
sci for the liquor interests contended
that the Webb-Kenyon act is void if
it delegates to states the federal right
to regulate interstate commerce. They
also contend that as West Virginias
prohibition laws permit citizens to
have and use liquor, although prohibit
ing its manufacture or sale, an amend.
mcnt of 1915 prohibiting citizens from
receiving or possessing liquor by
common carriers in interstate com.
merce is unconstitutional.
The Webb-Kenyon law was entitled
IAN act divesting intoxicating liquors
of their interstate character in Ger.
tain cases" 1t was named for its co.
authors Representative Webb of
North Carolina and Senator Kenyon
of Iowa. The act was passed over
President Tafts veto and provides
that shipment Of intoxicating liquors
from one state to another, (which 'fe
intoxicating liquor is intended by any
person interested therein. to be re.
ceiyed, possessed, sold or in any man.
ncr uscd-in violation of any law of
such state . q Is hereby prohibited"
The especial clause Of West Vir.
Ecinia's prohibition law attacked as
void makes It unlawful for any person
I'm that state "to receive, directly or
indirectly Intoxicating liquors from
q common or other carrier" The law
alos was made applicable to liquors
intended for personal use or otherwise
md 10 interstate as well as intrastatc
hiDmcr,s.' Another clause. however
permits persons to personally carry
into the state liquor not exceeding
half gallon, for personal use and when
| plainly labeled Before the supreme
court, the liquor interests argued that
this litter clause gave the right to
"haye and use" liquor and that, there.
fore the LAW banning interstate ship.
mcnt was void as a state regulation
OF interstate commerce. not affected
/ by the Wobb.Keuyon law.
These and other incidental Quos
tions we're presented i'm appeal Of the
James Clark Distlmg company from
@ decree of Federal Judge Rose OF
. Maryland dismissng injunction suits
against the American Express com.
nauy and Western Maryland railroad.
in which the distilcr sought to re-.
uuiro the carriers TO accept liquor for
shipment into West Virginia for per
aonol use oi cousigUccs whose orders
were received hy mail Sections OF
| 'ho West Virginia law also made
liquor order solicitations by mail n.
legal and made the place OF delivery
~ liquor the place of sale" these
sections were also attacked as in.
valid before the supreme court
The WcbbKenyon law was before
the supreme court once before, IN q
Kentucky liquor case. but the court
did not then determine It's validity.
holding merely that as Kenucky's
constitution did not permit prohibition
OF personal use" OF liquor the Webb.
Kenyon act was not applicable there.
| Constitutionaliiy Of the Wcbb.Kenyon
law was questioned even before It's
passage. President Taft and Attorney