Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1919-01-17
Bone Dry Law Valid.

Statuses Of dry" States permitting per-
sons to import or personally bring in
limited amounts Of intoxicants for their
own use were in effect nullified by the So
called Reed bone dry" amendment en-
acted by Congress, the Supreme Court held
last Monday in an opinion reversing the
Federal Court for the Southern District OF
West Virginia.
Justice McReynolds, in a dissenting
opinion. in which Justice Clark concurre d
held that the Reed amendment was not an
interstate commerce regulatory measure
but direct meddlins with State affairs
and as such purely beyond the power Of
the Federal Government.
The case came up on an appeal Of the gov
eminent from the lower court decision dis
missing proceedings brought against Dan
Hill for carrying a quart Of liquor into
West Virginia for his personal use, as per-
mtted by the State law. The trial court
held that such transportation did not come
within the meaning Of the Reed amend
ment. which. it held, was intended to ap-
ply only TO actual shipments OF liquor
The Supreme Court remanded the case for
retrial
In rendering the majority opinion Justice
Day said:
I'm view of the authority of Congress
over the subject matter and the enact
ment Of previous legislation embodied in
the Wilson and Webb Kenyon laws, we
have no question that Congress enacted
this statute because Of its belief that in
States prohibiting the sale and manufac-
ture of intoxicating liquors for beverage
purposes the facilities of interstate COM
merce should be denied to the introduction
OF intoxicants by means Of interstate COM
merce, except for the limited purposes
permitted in the statute, which have moth =
ing to do with liqour when used as a
beverage.
That the State saw fit to permit the
introduction Of liquor for personal use in
limited quantity in nowise interferes with
the authority Of Congress, acting under its
plenary power over interstate commerce,
to make the prohibition against interstate
shipment contained in this act 1t may
exert it's authority as in the Wilson and
Web5-Kenyon acts, having in view the
laws of the State, but ii has a power Of
its own which in this instance it has ex-
arfad in ocoordanna ,y;th che ,,;o,., 81 ,,,,k
lie policy.
When Congress exerts its authority in
a matter within its control. State laws must
give way in view of the regulation OF the
subject matter by the superior power con
ferred by the Constitution.
Justice McReynolds said in dissenting
THE Reed amendment in no proper sense
regulates interstate commerce. but is d.
rect intermeddline with the States inter-
nal affairs. Whether regarded as reward OIL
punishment for wisdom or folly in enact.
ing limited prohibition, the amendment SO
construed. think, goes beyond Federal
power, and to hold otherwise opens posi-
bilities for partial and sectional Legislation
which may destroy proper control Of thei
own affairs by the several States. II Con
gress may deny liquor to those who live il
State simply because its manufacture il
not permitted there, why may not this b.
done for any suggested reason. namely
because the roads are bad or men ar,
hanged for murder or Goals are dug Where
is the limit? The Reed amendment as nov
construed is a congressional fat imposing
more complete prohibition wherever tn,
State has assumed to prevent manufac
ture or sale Of intoxicants."