Omaha daily bee., 1919-01-14
SUPREME court
HOLDS REED Law
REAL nB0NE DRY"
EluIIlfieS State Statutes Per-
hitting Transportation Of
Liquor Into State for
Personal Use.

Personal Use.
Chicago, Jan. l3.-California and
Washington today ratified the ma
tional prohibition amendment to
the constitution, making "a states to
act favorably on the basic law pro-
posed. Colorado, which had been
reported as ratifying, was. discover
ed to have acted irregularly, and
the Colorado legislature will recon-
slider.
Twelve more states are needed to
ratify the proposed amendment to
make it a part of the constitution.
The house of the Arkansas legisla-
tufe and the Indiana senate today
voted for the amendment. The Illi-
nois house will take up the question
tomorrow. The senate passed it.
A parliamentary move in the
California legislature will keep the
measure from the governor for a
time, but advocates of the amend
ment said today's action could not
be reversed.
Washington, Jan. 13.-The SUI
preme court held today that the
Reed "bone dry" prohibition amend
ment prohibits interstate transpo-
ration into dry states of intoxicat-
ing liquor for beverage purposes
even when intended for personal
use.
Justice Reynolds, in a dissenting
opinion, concurred in by Justice
Clark, declared the Reed amend
ment was not an interstate COM
merce regulatory measure, but a
direct intermeddling with a states
affairs and beyond federal power.
As interpreted by the court, the
law nullifies state statutes permit
ting limited amounts of liquor to be
brought in for personal use.
g Appeal From State Court.
The case came up on an appeal
of the government from the lower
court decision Diminishing proceed
ings 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 transpor-
tation did not come within the
meaning of the Reed amendment
which, it held was intended to ap-
ply to actual shipments of liquor.
The supreme court remanded the
case for retrial.
In rendering the majority opin-
ion, Justice Day said:
Justice Days Opinion.
"In view of the authority of con-
gress over the subject matter and
the enactment of previous legisla-
ton 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
manufacture of Intoxicating liquors
for beverage purposes, the facilities
of interstate commerce should be
denied to the introduction of in
toxicants by means of interstate
commerce 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 fit to permit
the introduction of liquor for per-
sonal use in limited quantity in no
wise interferes with the authority
of congress acting under its pienary
power over interstate commerce, to
make the prohibition against inter-
state shipment contained in this act.
1t may exert its authority as in the
Wilson and Webb-Kenyon acts, hav-
ing 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.
when congress exerts its au-
thority in a matter within its con-
troll, state laws must give way in
view of the regulation of the sub
jeet matter by the superior power
conferred by the constitution"
Justice McReynolds Dissents.
Justice McReynolds said in dis
sent:
"The Reed amendment in no prop
err sense regulates interstate COM
merce, but is direct intermeddling
with the states Internal affairs.
Whether regarded as reward or
punishment for wisdom or folly in
enacting limited prohibition the
amendment SO construed, I 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 several
states. IF congress may deny liquor
to those who live in a state simply
because its manufacture is not per-
mitted 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 inn
posing more complete prohibition
wherever the state has assumed to
prevent manufacture or sale of in
toxicants."
German Obtains Release
on Writ of HabeaS Corpus
Atlanta, Ga, Jan. 13.-Charles F.