New-York tribune., 1919-01-14
Taking g Liquor
TO Dry States
Held Illegal
Supreme Court Declares
Reed Amendment Valid:
Two of Justices Dissent
Say Personal Rights Hit
McReynolds and Clarke
Assert Congress Cannot
Regulate Local Issues

WASHINGTON, Jan. 49, Statutes of
dry states permitting persons to i'm
port or personally bring in limited
amounts of intoXicants for their own
use were in effect nullifed by the So
called Creed bone dry" amendment en-
T. acted by Congress, the Supreme Court
held to-day, in an opinion reversing
| the Federal court for the Southern
District of West Virginia.
Justice McReynolds, in a dissenting
opinion, in which Justice Clarke con-
CURED, held that the Reed amendment
was not an interstate commerce regu-
latory measure, but direct mcddling
with state affairs. and as such purely
beyond the power of the Federal GOV
ernment.
The case came up on an appeal of
the government from the lower court
decision dismissing proceedings brought
against Dan Hill for carrying a quart
of liquor into West Virginia for his
personal use, as permitted by the state
law.
The trial court held that such trans
portation did not come within the
meaning of the Reed amendment,
which, it held. was intended to apply
only to actual shipments of liquor
The Supreme Court remanded the case
for trial.
State Rights Denied.
In rendering the majority opinion
Justice Day said:
"ln view Of the authority Of the Con
gress over the subject matter and the
enactment OF previous legislation en-
L IL. ~
Kenyon laws, we have no question shat
{ Congress enacted this statute because
of it's belief that in states prohibiting
the sale and manufacture of intoXcat-
ing liquors for beverage purposes the
facilities of interstate commerce
should be denied to the introduction
of intoXicants by means of interstate
commerce, except for the limited pur-
poses permitted in the statute which
have nothing to do with liquor when
used as q beverage.
"That the state saw fit to permit
the Introduction of liquor for personal
use in limited quantity in nowisc in
terferes with the authority of Con-
gress, acting under its plenary powers
over interstate commerce. to make the
prohibition against interstate shipment
contained in this act. 1t may exert
its authority, as in the Wilson and
Webb b-Kenyon acts, having in view the
laws of the state but it has a power
of its own, which in this instance it
has eXerted in accordance with its
view of public policy.
NV hen Congress eXerts its authority
in matter within its control state
laws must give way, i'll view of the
superior power conferred by the Con-
stitution."
McReynods Dsscnts.
Justice McReynolds said in dissent
ing:
"Thc Reed amendment in no proper
sense regulates Interstate commerce,
but is a direct ntormeddling with the
states internal affairs. Whether re-
garded as reward or punishment for
wisdom or folly in cnacting limited
prohibition the amendment so con
strued, | think, goes beyond Federal
power; and to hold otherwise opens
possibilities for partial and sectional
legislation which may destroy proper
control of their own affairs by the sew
eral states.
"lf Congress may deny liquor to
those who live in a state simply be-
cause its manufacture is not permitted
there, why may not this be done for
any suggested reason, namely, because
the roads are bad or men are hanged
for murder or Goals are dug? Where
is the limit?
"The Reed amendment as now con-
strued is a Congressional fiat imposing
more complete prob ibition wherever
the state has assumed to prevent the
manufacture or sale of intoxicants."
Thirtytwo States Affected
The Supreme Courts ruling on the
Reed amendment will affect the follow
ing dry states. 80 in number:
Alabama. Arkansas. Arizona, Colo
RADIO, Florida. Georgia. Idaho. Indiana
Kansas, Iowa, Mississippi, Michigan,
Montana, Maine, North Dakota. North
Carolina New Hampshire, New Mexico,
Nebraska, Nevada, Ohio, Oklahoma,
Oregon. South Dakota, South Carolina,
Tennessee, Texas. Utah. Virginia.
Washington, West Virginia and Wyom-
ing.
In addition, the courts ruling affects
also the District of Columbia, Alaska,
and Porto Rico.
w WnS|pingfOu Eu<T0rsos