The Bridgeport evening farmer., 1917-01-09
LIQUOR MUST NOT
BE SHIPPED INTO
''DRY" TERRITORY
United States Supreme Court
Uph0lds Validity of Webb
Kenyon Act.

law prOHlDlL1nS importation Al 1IiIeI-
| state commerce of liquor for personal
use.
The decision is regarded as the
most sweeping Of all upholdlng pro-
| hibition laws. Prohibition leaders
declared that it is second only In i'm
portance to the proposed constltu-
| tional amendment. Lawyers for liqur
| interests admitted it upheld and ap-
piled the law Gin it's fullest sense"
Can Stop Sale, Receipt and Use.
Wayne B. Wheeler, counsel for the
Anti-Saloon League Of America, who,
who, with Fred Blue. State Prohibi-
ton Commissioner Of West Virginia,
! argued the case before the court
made this statement on the courts
decision:
1.-THE states may now prohibit the
possession, receipt, sale and use OF
Intoxicating liquor and not be ham,
pered by the agencies of interstate
commerce"
Chief Justice White announced the
majority opinion to which justice
Holmes and Van Devanter dissented.
Justice McReynolds, while agreeing
with the majority decision, did not
concur IN the OpIHlOH.
"The all-reaching power Of govern
ment over liquor is settled said the
Chief Justice in announcing the de-
cision. There was no intention of
Congress to forbid individual use OF
liquor. The purpose Of this act was
to cut out by the roots the practice
of permitting violation of state liquor
laws We can have no doubt that
Congress has complete authority to
prevent paralyzing Of state authority.
Congress exerted a power to co-ord1-
nate the national with the state au-
thority."
Digest of the Ruling.
AN official digest of the majority
opinion, prepared by the court, says:
81. That the West Virginia law, be-
side prohibiting the manufacture and
sale Of all intoxicants except as to
that which is permitted for medicinal
sacramental and manufacturing pur-
poses, also forbids all transportation
of liquor and all receipt and posses
sion of liquor transported in the state.
whether originating in or outside OF
tho state, and although it does not
prohibit personal use, puts serious re-
strictions upon the power to obtain
for such use.
The court holds that in view Of the
well-established police authority of
the state over intoxicants there is no
reason to think that this law was
in any wise repugnantl to the due pro-
cess clause Of the Fourteenth Amend
ment to the Constitution Of the Unit
ed States. 1t, however, decides that
unless the state authority has an ex-
ceptional application to shipments Of
interstate commerce as a result Of the
act Of Congress known as the Webb
Kenyon law, the provisions of the
state law restricting shipments of in
toxicants into the state from other
states would be unconstitutional be-
cause interfering with the power Of
Congress to regulate commerce among
the states and consequently would be
a direct burden upon such COM
merce.
West Virginia Law Not in Conflict.
20. Considering the Webb-Kenyon
act, the court holds that there is no
foundation for the contention that
the act only applies to shipments from
one state into another for a use pro-
hibited by the state to which the
liquor is shipped. On the contrary,
it is decided that the Webb-Kenyon
act, applies to shipments Of liquor in
tended to be received, possessed, sold
or in any manner used in violation
Of the laws of the state. AS this con-
clusion causes every prohibition of the
West Virginia law to be embraced and
come under the right conferred by
Congress by the Webb-Kenyon act
it is decided that the West Virginia
law was not in conflict with the COM
merce clause of the Constitution and
the power of Congress to regulate
commerce If Congress had power to
enact the Webb-Kenyon law.
"3-Disposing Of that question, it is
decided that Congress had the power
under the constitution to adopt the
Webb-Kenyon law, whether consider
cred from the point of view of orig
inal reasoning or in the light of the
obvious legislation by Congress and
the decisions of the curt holding that
legislation valid. 1t is therefore de-
cided that by virtue of the WebbKen-
yOn law there is no power to ship in
toxicants from one state into another
in violation of the prohibitions of the
law Of the state into which the liquor
is shipped.
I'm other words, it is decided that
since the enactment of the Webb
Kenyon law the channels of interstate
commerce may not be used to convey
liquor into a state against the prohi-
billions Of its laws or to use inter-
state commerce as the basis for a
right to receive, possess sell or in |
any manner use liquor contrary to the !
state prohibition ~
There is no doubt said Repre- !
sentative Webb yesterday, "that the |
decision upholds the act in the broad |
est sense
Effective Weapon for "Drys."
The decision is a severe blow to |
liquor manufacturers who have con-
tended that interstate laws do not |
have anything to do with state laws. |
1t is nationwide in it's importance, as
it gives to prohibition states most !
effective weapon in their fight to |
keep liquor out of dry territory.
The Webb-Kenyon Act and West |
Virginia's prohibition laws were |
brought before the Supreme Court |
in two test cases Of the James Clark |
Distilling Co. of Cumberland, Mary |
Co. and Western Maryland Railroad. |
Whether prohibition states, under the |
Webb Kenyon law or otherwise, may