New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-09
BAN ONLIQUOR
SHIPPING VALID
bb-Kenyon Meas
ure Is Sustained by
Supreme Court

Washington, Jan. S. In the most
sweeping OF ell decisions -lholdins
prohibition laws. the Supreme Court
to-day upheld as constitutional and
valid the Webb-Kenyon law, prohibit
ing shipments of liquor from wet TO
dry states. Il also sustained West Vir-
ginia's recent amendment 10 her law
prohibiting importation in interstate
commerce of liquor for personal use.
After having been vetoed by Presi-
dent Taft, who held it unconstitutional,
and having been repassed by Congress
over his veto, the law was sustained
by the Supreme Court by vote Of
7 10 2. Leaders of the prohibition
movement declared it is to their fight
second only in Importance to the pro
posed constitutional amendment.
Lawyers for liquor interests who
heard the decision to-day admitted it
upheld and applied the law "in its
fullest sense"
Chief Justice White announced the
majority opinion, to which Justices
Holmes and Van Deventer dissented.
Justice McReynolds, while agreeing
with the majority decision, did not con
cur in the opinion.
Congress Has Authority
"The attracting power Of govern
ment over liquor is settled said the
Chief Justice. in announcing the de-
cjsion. There was no intention OF
Congress TO forbid individual use Of
liouor. The purpose Of this act was to
cut out by the roots the practice OF
,orrnitting violation Of state liquor
laws. We can have no doubt that Con-
cross has complete authority 70 pre-
cent paralyzing OF state authority
Congress exerted a power 10 coordinate
The national with the state author
ity." -, g. .ho
Anti-Saloon League Of America wno'
With Fred Blue, state Prohibition Com
missioner of West Virginia, argued the
case before the court. made this state
ment on the courts decision;
"Tbe states may now prohibit tne
rossession. receipt, sale and use OF IN
toxicatine Houor, and not be hampere
hy tho agencies of interstate COM
merce.'
State Can Regulate Liquor
IN an official abstract of the court 5
decision It was stated that the court
holds; ,..--.:. to. ho-
sides prohibiting the manufacture hhu
sale of all intoxicants except as 10 thHt
which is permitted for medical sscrA-
mental and manufacturing purposes
also forbids all transportation OF liquor
and all receipt and possession OF ilquor
TRANSPORTED in the state, wnetner orig
mating in or outside Of the state ana,
although it does not prohibit personal
use. puts serious restrictions upon the
power to obtain for such use.
"The court holds that, IN view OF the
well established authority OF the state
over intoxicants, there IS no reason 10
think that this law was IN any wise re.
pugnant 10 the due process clause oil
the Fourteenth Amendment TO the Con-
stitution of the United States. II. how
ever. decides that, unless the state au-
thority has an exceptional application
TO shipments of interstate commerce as
the result Of the act Of Congress known
as the Webb-Kenyon law, the pro-
visions Of the state law restricting
shipments Of intoXicants into the state
from other states would be unconstitu-
tional because interfering with the
power of Congress TO regulate COM
merce among the states, and conse-
ouently would be a direct burden upon
such commerce.
Contention of Vets Denied
"2. Considering the Nebb-kenyon
act. the court holds that there is no
foundation for the contention that the
act only applies 10 shipments from one
Full report on psE. Is. column