The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1919-04-15
IN FAVOR OF
LIQUOR TRADE
Supreme Court Rules Booze Can be
Shipped Through Dry State
Without Hinder
ance.

| WASHINGTON April 1.-two inn
portant decisions in connection with
prohibition were rendered by the
supreme court of the United States.
| One decision holds that it is not a
violation of the Reed "bone-dry" law
Ito transport Intoxicating liquor for
beverage purposes through dry
states. This decision was rendered
| in proceedings resulting from the
arrest of man at Lynchburg, Va,
under the law, while en- route from
Baltimore, Md, to Asheville, N. c.
In dismissing the Indictment the fed
eral court held that, although car
ried across state, intoxicants are
not transported into" the state If
| it's ultimate destination is point
beyond the limits of that state.
| The other decision upholds the
right of state to use police power
to limit possession of alcoholic bever-
ages to the amount prescribed by
law. The question was raised in the
case of Georgian convicted of hav-
ling in his possession more than one
gallon of vinuous liquor. The prohi-
bition laws of Georgia say no one
shall have more than one gallon OF
such liquor in his possession.
The supreme court in decision
handed down by Justice Brande1s
affirmed the finding of the Georgia
courts that Barbour was guilty. 1t
ruled that Barbour was not entitled
Ito protection under the constltu-
itional guarantee against the conf1sca-
| ton of private property, because ne
was alleged to have acquired more
! than one gallon of vinuous liquor
| after the enactment of the Georgia
statue, and with full knowledge that
the possession of more than gallon
would be unlawful after the date
fixed for the statute to become effec-
| tive.
Here is the language Of the
| supreme courts decision: Whoever
ACQUIRES after the enactment of a
statute properly thus declared noxl-
GUS takes it with full notice OF its
iinfirmity, and that after day certain
Its possession will become, by mere
lapse of time, a crime. 1t is well
settled that the federal constitution
does not enable one to stay the eXer-
else of a states police power by
entering into a contract under such
circumstances"
The decision led to much specula-
ton among "wets" and "drys" alike
as to what the court would decide IN
1.-THE case of liquor acquired before
the enactment of such law. Fer
sons who have stored up copious sup.
plies against the coming national
drought were particularly interested
on this point. They would IKE 10
know whether their states can enact
law to take away all but gallon or
quart or drop of the cellar reser-
voirs established in anticipation OF
THE dry spell.
The court called attention to the
fact that Barbour contended IN
motion for a new trial that the liquor
in question was acquired before the
enactment of the Georgia statute.
This motion. the supreme court ODD
served, had been overruled by the
Georgia Judge. Justice Brandies then
went on to say that the question was
mot before the. court. "Consequently',,
I he said, 1--WE express no opinion"
1t is probable that the court VIII be
called upon to pass on this question
at an early date. If it decides ad-
yersely to the "drys" they are pre-
pared to resort to the prohibitlve tax
oh.,,o RI eet at hoarderS of liquor.