Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-01-17
BONE DRY GOES.
Whisky Must Not Be. Carried Into or


hidden Territory. Z
Statutes of dry states permitting
persons to import or personally brlne
fn limited amounts Of intoxicants for
their own use were in effect nulif1ed
by the so-called Reed bone dry
amendment enacted by congress- ohe
United States supreme court holds In
an opinion reversing the Federal court
for the southern district OF West VIZ
ginia.
Justice MacReynolds, in dissenting
opinion in which Justice Clarke con-
Cured, held that the Reed amendment
was not an interstate commerce resu-
latory measure, but was direct nc
ding with state affairs and as sucn
purely beyond the power Of the fsd-
eral government. a.
The case came up on an appealof
the government from the lower courl
decision dismissing the proceedings as
brought against Dan Hill for carrying
a quart of liquor into West Virginia
for own personal use as Is permhteo
by the state law. The trial court ne3e
that such transportation did not come
Within the meaning of the Reed amend
ment which, 1t held, was intended 10
apply only to actual shipments OF IL
uuor. The supreme court remanded tne
case for retrial.
In rendering the majority opinion
Justice Day said:
I'm mew Of the authority OF con-
gress over the subject matter and the
enactment of previous legislation EN- :
bodied in the Wilson and Wetb-ken-
yon laws, we have no question that
congress enacted this statute because
of it's belief that in states prohibiting
the sale or manufacture Of intoxicat-
ing liquors for beverage purposes, the
facilities Of interstate commerce should
be denied to the introduction Of intox-
icants by means Of interstate COM
merce, except for the limited purposes
permitted in the statute which have
nothing to do with liquor when used
as a beverage.
THAT the state saw at to permit the
introduction Of liquor for personal use
in the limited quantity in no wise IN :
terferes with the authority Of congress
acting under its plenary power over
interstate commerce to make prohibi-
ton against interstate shipment con-
tanned in this act. It may exert its au-
thority as in the Wilson and Webb
Kenyon acts having in view the laws
Of the state, but it has a power OF us
own, which in this instance 1t has ex-
erted in accordance with its view OF
public policy. When congress exerts
its authority in a matter within its con-
troll state laws must give way in the
of the subject matter by the
power conferred by the con-
Justice MacReynolds said in dissent
ing:
"The Reed amendment in no proper
sense regulates interstate commerce,
DuI ID d ulIcSl "Ast SeA~
states internal affairs. Whether&Lea
garded as a reward or punishment for
wisdom or folly in enacting limited
prohibition, the amendment so con-
strued, I think, goes beyond Federal
power, and to hold an otherwise opin-
ion opens possibilities for partial and
sectional legislation which may de-
stroy proper control of their own af-
fairs by the several states.
IF congress may deny liquor to those
who live in a state simply because Its
is not permitted, then
why may this not be done for any sug-
gested reason, namely, because the
roads are bad, or men are hanged for
murder or coal is dug. Where Is the
limit? The Reed amendment as now
construed is a congressional fiat i'm
posing, more complete prohibition
wherever the state has assumed to pre-
vent the manufacture or sale Of intox-
lcants."