Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-01-14
IntoxicantS for Beverage Pur-
poses Cannot Be Brought
Into Territory Where Any
Prohibition Law Exist,
JUSTICE M'REYNOLDS
FILES SHARP DISSENT
Sees GraveSt Invasion Of
States Rights, but Majority
Opinion Is Voiced Clearly by
Justice Day,

tsf MORNING JOURNAL SPECIAL LEASED WtRsl
Washington, Jan. 13.--Statues of
dry states permitting persons to i'm
port or personally bring in limited
amounts of intoXicants for their own
use were in effect nullified by the So
called Reed bone dry" amendment
enacted by congress, the supreme
court held today in an opinion revers-
ing the federal court for the south
ern district of West Virginia.
Justice McReynolds, in dissenting
opinion in which Justice Clarke con-
Cured, held that the Reed amend
ment was not an interstate commerce
regulatory measure, but direct
meddling with state affairs and us
such purely beyond the power of the
federal government.
Is Decided on West Virginia Case.
The case came uD on an appeal of
the government from the lower
court decision Diminishing proceedings
brought against Dan Hill for carrying
quart of liquor into West Virginia
for his personal use as permitted by
the state law. The trial court held
that such transportation did not come
within the meaning of the Reed
amendment, which. it held, was in
tended to apply only to actual ship
ments 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 con-
gres over the subject matter and the
enactment of previous legislation EN-
bodied in the Wilson and Webb-Ken-
yon laws, We have no question that
congress enacted this statute because
of it's belief that in states prohibiting
the sale and manufacture of intoXi-
eating liquors for beverage purposes,
the facilities of interstate commerce
should he denied to the introduction
of intoxicants BY means if interstate
commerce, except for the limited pur-
poses permitted in the statue which
nave 70 do with the liquor when used
as a beverage.
states Rights Set Aside.
THAT the state saw fit to permit
the introduction of liquor for person
al use in limited quantities in nowise
interferes with the authority of con-
gress, acting under its plenary power
over interstate commerce, to make
the prohibition against interstate ship
ment contained in this act. 1t may
exert its authority as in the Wilson
and Webb-Kenyon act, having in view
the laws of the state, but it has
power of its own which in this in
stance it has exerted in accordance
with its view of public policy
when congress exerts its authority
in q matter within its control, state
laws must give way in view of the
regulation of the subject matter by
the superior power conferred by the
constitution.
Justice McReynolds said in dissent:
McReyIpolds Disscnts.
THE Reed amendment in no proper
sense regulates interstate commerce,
but is direct intermeddling with the
states internal affairs. Whether re-
garded as reward of punishment for
wisdom or folly in enacting limited
prohibition the amendment so con-
strued, | think. goes beyond federal
power; and to hold otherwise open
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 state
simply because its manufacture is not
permitted there, why may not tins 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 amend
ment as now construed IS congress
sional fiat imposing more complete
prohibition wherever the state has
assumed to prevent manufacture or
sale of intoxcants."
The decision of the United states
supreme court leaves no doubt that
the people of New Mexico are not al
lowed to bring intoxicating liquors in
to this state for beverage purposes.
When the prohibition amendment
was voted on, the state provision was
for limited prohibition. People were
supposed to be able to order intox-
icants outside the state for personal
use, and have it SHIPPED in or bring
it i'm with them
THE Reed amendment to the food
bill makes every state having any
sort of prohibition law absolutely
bone dry" The enforcement will not
be exclusively in the hands of the
state authorities. but the department
of justice is charged with the duty Of
seeing that the law is enforced.
CVnUPCI0MC pl ANNE0