The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-01-09
PROHIBITION COMMISSIONER BLUE.
SCORES A CLEAN KNOCKOUT BLOW
u. S. Supreme Court 'Sustalns
w. Va. in Clark Distilling
Company Case.
STATE MAY FORBID
LIQUOR IMPORTA110NS
And Solicitation Through the
Mails Great Victory for
Commissioner Blue. !

WASHINGTON, D. c., Jan. s-The
UNITED States Supreme Court today
handed down two decisions OF vital IN.
terest to West Virginians, establishing
new principles in Interstate commerce
The decisions are the most sweeping
and drastic in character, sustaining as
they do the contentious Of Prohibition
Commissioner Fred O. Blue Of West
Virginia in every particular.
The decisions were in the cases OF
the James Clarke Distilling Company
VS.. the Western Maryland Railroad
and the State OF West Virginia These
cases arose over an effort by the
State of West Virginia 10 prohibit the
; Western Maryland Railroad, a COM
mon carrier, from carrying into the
state Intoxicating liquors designed TO
be used by individuals wholly for their
iown uses or for SALE The James
Clarke Distlnng Company brought
proceedings to compel the Western
i Maryland Railroad, a carrier IN inter
state commerce, to carry liquors into
the state Of West Virginia purchased
by individuals for their own uses. Pro
: ceedings were also brought by the
State OF West Virginia to prohibit the
circulation through the mails, or 10
cause to be declared unlawful the cir
; ;culations through the malls or by eN-
press companies, OF literature Of any
kind soliciting the purchase Of liquors
in the state of West Virginia. The
leases were first argued before the Su'
!preme Court of the United States ID
: May 1915, and were later re-arSued 10
: November 1916. In all the proceed
'ings Fred o. Blue, Tax Commissioners
and Prohibition Commissioner OF West
Virginia, represented the State 81
West Virginia, and the decisions hand.
ed down Today by the Supreme Court
is a triumph for Mr.. Blue and for his
interpretation OF the law at every
noint. Chief Justice White rendered
the decision today and a majority OF
the Supreme Court concur. TWO dis,
lsenting bills, however, were rendered
by Judge Brandeis and Judge Holmes.
The Court holds in effect:
The Courts Opinion
That under the Webb-Kenyon law,
Itbe State of West Virginia has the
right to forbid the importation into
the state in interstate commerce OF IN
ltoxicating liquors Of any kind, whether
designed to be used by the purchaser
or to be sold again by. him. The con;
-ltention of the Distilling Company was
that the state had no right 10 1or3io
the importation into the stale or Il.
ouors purchased by an Individual lof
his own use. On this point tne Su
lpreme Court holds that 1t is within Tue
! powers Of the state under. Its polce
mowers and authorities to declare inc
use or presence within the state OF II.
ouor 10 be injurious, and TO forplo -ts
! bringing into The state.
The Court also holds that the state
has the right to declare illegal ana to
forbid the solicitation for the sale OF
liquors in the state by the clrculauop
! of mail matters or advertising malter
! in Interstate commerce or through me
!postoffice. In other words the Courts
Sustain the contention that the stale
may forbid the circulation WitnLn
West Virginia Of any literature, aover.
tising matter or mail matter, aaVerus'
ing liquors or soliciting their purchase.
This is not only the first aeclslop
of the kind by the Supreme court 81
/ the United States, establishing me
broad police authorities of the states
most sweeping and drastic opinion
dealing with this subject ever hanoeo
down by the Supreme Court.
Local prohibiuonists hail it as a "a
tional victory that will probably be
more influential in advancing the
camse of prohibition than any single
: Legislative enactment or decision Dy
the Courts in many years. II estap:
fishes the complete authority OF tne
state over the liquor question not oniy
! 10 prohibit the manufacture ana saie
within the state, but absolutely 10
inrohibit the importation into the STATE