Evening journal., 1917-01-09
DRY STATES CLOSED
TOuQUOR SHIPMENTS
United States Supreme Court
Upholds Validity OF
Webb-Kenyon Act
ONLY TWO OF
JURISTS DISSENT

AaWs WUleH pfONlUllS HuiplueNls Oh
liquor from wet" 10 dry" States. 1t
also sustained West Nirginia's recent
amendment TO her law prohibiting inn
portation IN interstate commerce OF
liquor for personal use.
Having been vetoed by President
Taft who held it to be unconstitu-
tlonal and having been repassed by
Congress over his veto, the law was
sustained by the Supreme Court by a
vote Of TO 2.
Leaders Of the prohibition move
mcnt declare the decision is TO their
fight second only in Importance to the
proposed constitutional amendment.
Lawyers for liquor interests who
heard the decision admitted 1t upheld
and applied the law in its fullest
sense"
Wayne n Wheeler. counsel for the
Auii Saloon League OF America who,
with Fred Blue Stale Prohibition
Commissioner 81 West Virginia
argued tho case before the court
made this statement
The States may now prohibit tho
possession, receipt sale and use Of in
toxieating liquor and not be hampered
by The agencies Of interstate COM
MERGE"
Chief Justice White announced tho
majority opinion. from which Justices
Holmes and Vandeyanter dissented.
Justice. McReynolds while agreeing
with the majority decisions. did not
concur in the opinion
Governments Power Ali-Reaching.
The attracting 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
10 cnt 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 n power to eo-ordi-
nate the national with the State au-
thority.
Official Digest Made.
An official digest Of the majority
opinion prepared by the court sets out
its holding as follows
n That the West Virginia law, be
side prohibiting the manufacture and
sale Of All intoxieants except as 70
that which is permitted for medical,
saeralnental and manufacturing nur-
noses also forbids all transportation
al liquor and all receipt and pos
session Of liquor transported ~ the
STATE. whether originating i'm or out
side or the state and! although Y
does not prohibit personal use puts
serious restrictions upon the power
10 obtain for such use.
"The court holds that in view OF
fhe well established police authority
Of the State over intoxicanta there
IL no reason 20 think that this law
was in any wise repugnant 70 the due
process clause Of the Fourteenth
Amendment 70 tho Constitution of the
United states. IT, however, decides
that unless the state authority has
an exceptional application TO ship
ments 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 un-
donStftutional because interfering
with the power of Congress 10 regu-
late commerce among the States and
consequently would be a direct bur
den upon such commerce.
Widest Application Given Law.
considering the Webb Kenyon aot
The court holds that there Is no foun-
dalton for the contention that the act
only applies to shipments from one
State to another for a use prohibited
by the state to which the liquor is
shipped. On the contrary It is decided
that the Webb-Kenyon act, TO use the
words OF the act. applies TO ship
ments OF liquor intended 20 be re.
cefved, possessed, sold or IN any man
ncr used, in violation of the laws Of the
State. AS this conclusion causes
every prohibition Of the West Vir-
ginia law to be embraced and come
under the right conferred by Con-
gress by the Webb Kenyon act II Is
decided that the West Virginia law
was not in conflict with the commerce
clause of the Constitution and the
power Of Congress to regulate COM
rnerce, II Congress had power to en-
act the Webb Kenyon law.
Power 10 Pass Act Sustained.
%. Disposing OF that question 10
IS decided that Congress had the pow
ct under the Constitution to adopt
tho Webb-Kenyon law, whether con
sidered from the point OF view OF
original reasoning or in the light OF
the previous legislation by Congress
and the decisions Of the court hold
ing that legislation valid. 1t is there
fore decided that by virtue OF the
Webh-Kenyon law there is no power
TO ship intoXicants from one state
to another in violation OF the pro
hibitions Of the law OF the State into
which the liquor Is shipped. Ia other
words, il is decided that since the en-
2ctment of the Webb-Kenyon law the
channels of interstate commerce may
not be used 70 convey liquor into a
State against the prohibitions of its
laws or TO use interstate commerce as
the basis for right to receive. pos
sess. sell or in amy manner use LIQUOR
contrary to the State prohibition"
Wayne 3. Wheeler, counsel for tho
Anti-Saloon League OF America. who
with Fred Blue. State prohibition
commissioner OF West Virginia. ar
gued tho case before the court, made
This statement on the courts decision.
"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.
pEf MADE NpT AEErg1irn