Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-13
As We Stand Today.

states supreme court ueCiSioh upiloiu
ing the Webb Kenyon law, an event
which was almost Immediately FOL
lowed by the passage of an act in the
United States Senate. prohibiting the
sale OF intoxicsnts in the District OF
Columbia, and this, closely followed in
the same body by the Bankhead bill
prohibiting from the mails going into
prohibition territory circulars, pamph-
let's. newspapers or other advertising
mediums OF the liquor business that the
subject IL uppermost in the discussions
of today. We still hear, from those
who ought TO know better, that the
UNFOLDING OF the Webbkenyon law
can have no effect upon conditions in
this state. Because of this claim, we
would submit few facts for consider
alton.
Let Us remember that up to the time
Of the passage Of the Webb-Kenyon
law officers In discharge of their duty
in this state. could not interfere with
so-called original package start
Ing from any point beyond the border
Of the state. and addressed to party
within the state. until IT had been de-
''vered TO the ccnsgnee. \ barrel or
jug or package OF merchandise known
TO he contraband under the laws of
this State. could not be interfered with
by the officers until 1t had reached its
destination and had been delivered to
the party addressed. even though they
had every reason for believing that
said merchandise was to he used in VI
olation OF the laws of the State. And
even then. " the transportation COM
pany could deliver the goods to the
party addressed. at any time of day or
night when the officials were not on
guard. TIE stuff could be carried away
and hidden for illegal purposes. If the
same package had started from any
point within the State, however, say
kitterv. and bound for Pittsfield or
any other town within the State Dor
ders, It could be seized by the officials
and. IL intended for illegal uses, could
mo confiscat.d. Thus the Federal gov
eminent obrtructed the laws of our
state and assisted in their violation
lr looking over the files of the Con-
gressional Record. for 1915 we have
read the arguments upon the Webb
Kenyon bill with a great deal of in
ho i
10y considers bic bitterness, the argu-
ments on one side strongly favorable
10 prohibitory laws, and on the other
20 that view OF personal liberty that
opposes prohibitory law. Neither argu-
ment seems TO have been pertinent to
The bill. for the real question was not
whether prohibition laws are desirable,
but whether or not the federal govern
ment should refrain from interference
with the enforcement Of state laws 1t
was n constitutional question, and af-
tor almost four years the question has
been settled by the United States Su-
preme Court. After all the debate in
Congress. IN" act was PASSED by a
good margin In both houses. but was
vetoed by President Taft on the ground
that IT was unconstitutional. and after
he had consulted with Attorney Gener-
al Wickersham. and also with Score
tary of state Knox who was himself
constitutional lawyer.
In the light Of events, and the strong.
reasons given in the recent Supreme
court decision, we are at a loss to nm
derstahd now three men of such emn-
enoe In the legal profession as Taft
Knox and Wickersham could have So
radically disagreed with the seven men
OF the Supreme Court. whose onir;o,
is just made public. Even then, in 1914
these three distinguished heads of tho
nations affairs had before them a pre-
Nious decision of the United Statas g.,
preme Court as to the constitutionality
OF the Mann Act restricting the So
called white slave" traffic between the
states, In which the court ruled that
the contentious made by it's opponents
eiut tne Mann Act was uncOnStit,Itiop-
al, COMPOUNDED things important n be
distinguished. II urges a right in NOR.
aiity to be exercised in immortality"
Opponents of the Webb KENYON law
held that. as liquor is a legitimate suh-
ject OF interstate commerce which is
exclusively. under the control of Con-
sress. to give the states any authority
In the matter was to nullify the Con-
stitution. On the other hand, the arpu-
ment for the constitutionality of the
law was. that Congress has full power
over interstate commerce. and thus
has power TO prohibit commerce be-
tween states in single articles. lottery
tickets. for instance; that Congress
has the same power over interstate
commerce that It has over foreign COM
mcrce. and that in passing the Webb
Kenyon law. Congress was considering
an act Of its own and not a state law
Thus the act of Congress was passed
to SUPPORT state laws. and by that
act, the power over interstate COM