Norwich bulletin., 1920-11-09
DECISION BY SUPREME COURT
 LIBERALIZES VoLSTEAD ACT

Washington, Nov. S.--(By The A. P)- Storage of lawfully acquired liquors in commercial warehouses and the transpor- tation of such stocks to the home of the owner is not prohibited by the volstead act under decision handed down today by the supreme court.
 In passing upon the appeal of William Ii. Street, of New York, from decisions of lower courts, refusing to enjoin in- ternal revenue officials from seizing
 liquors he had placed in a room rented from safe deposit company, the supreme court reversed the lower courts and held that the injunctions should be grant cd
 The effect of this ruling had not been fully fpr:aised tonight by internal rev. enue and ohibition enforcement officials.
 fhe belief was expressed, however, that t1 result l"lght be the release of sor1e lr.' e0sGd0 gallons of intoxica.i7g bev.-. ages VI ch have been stored ,n ware
 houses s.rce January 16, 1929. Records on file here show that. in ad. dition to immense quantities of liquors purchased and stored by individual con- sumers there were in storage when the Volstead act became effective large stocks by hotels and restaurants as re- serves. Whether these latter stocks come within today's ruling has not been de- termined. It was anticipated. that test cases would be filed soon on this and similar questions arising from the unde-
 termined scope of the new Interpretation
 of the Volstead act.
 Justice Clark, who rendered the opinion today, held that the transportation of 1 liquor from warehouse storage to the l nYner,s- home would. be, legai,e-tfss the liquor had been lawfully acquired and
 for lawful purpose. He said: That transportation of liuuors is no. such as is prohibited by
 the section is too apparent to justify de- l tailed consideration of the many provi- 1 sions of the act inconsistent with con- l struction which would render such re, moval unlawful and that the act is un- 1 derstood by the officers charged with l Its execution as permitting such trans
 portation is shown by the provision of
 the regulations of the bureau of internal | revenue authorizing permits for the l transportation of liquor, from one perm
 anent residence of any owner to another I in the case of his removal, although no | such transfer s in terms provided for l by the act"
 The opinion pointed out, however, that
 internal revenue authorities undoubtedly i had the administrative power . regulate the transfer of such liquors so as to pre-
 vent their use in violation of the law. An intention to cunfscate priva-e property the opinion concl1ded, ,en in intoxicating liquors, will not be .aisad | by inference and cons,rl ton from pr J.
 visions of law whicl nave ample field for 1 the operation in 'ffesting a purpose clear | ly indicated and dec:aiel'
 1 Justice McReynolls, conc.1rcing in the
 Judgment of the court. dissented as to l the reasoning by which i. was reach 1 ed.
 T think the Volstead act was properly 1 interpreted by the court below,'' he said
 but to enforce it as thus construed will
 result in virtual confiscation of lawfully
 acquired liquors by preventing or unduly
 interfering with their consumption by
 the owner. The eighteenth amendment
 gave no such power to congress. Manu-
 facture, sale and transportation are the ; things prohibitcd-not personally for use l Prohibition enforcement officials began
 studying the decision immediately afte, |: was read. The opinion was frankly | expressed that many changes would have
 to be made in the enforcement regulations 1 hut pending detailed study of the cases and the circumstances surrounding the l litigation, no official statement was forth
 onling
 One effect of the decision foreseen was | the danger of increased opportunity for fsaud among persons seeking means of | iolating the law. Without the check or transportation provided by the permit system, officials indicated that they ex. yected greater difficulty in controlling
 unlawful sales.
 conclusion had not been reached to- I night as to whether the courts interpre- f tation opens the way for unrestricted transportation in interstate commerce. That transfer can be ade within a state apparently was specified, but the language of the court analysed may yet show, of. icials thought, means whereby inter
 he particular case involved, it was point. ed out, the owners legal residence and
 the place of storage were within the
 tame state and, in fact, in the same Il city.
 In connection with the transportation ,f liquors, officials said that it would be | difficult if not impossible, for them tt determine the legality of purchases an6 whether the stored stocks. had been ob tained prior to the effective date of the
 Volstead act. This was expected to result in more stringent regulations with re spect to withdrawals of beverages iron bonded warehouses, but the same regula tions cannot be made to apply to ordin
 ary storage warehouses. Stored stocks
 therefore again are without the law tt
 a great degree. officials said adding tha-
 they anticipated its speedy removal iron 1 such storage.