The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-11-08
RULING AFFECTS
LIQUOR LAWS
Supreme Court Holds Per-
sonal Supplies May Be
Stored Outside Home.
GEORGIA TAX LAW INVALID
Mississippi Plantation Damage
Case Decided in Favor of
U. S.-Traffic Regulations.


Washington. Nov. S.--Liquor lawful,
acquired by person for his persona
use may be stored In n place other thar
MS home, under a ruling today OF the
supreme court.
The courts decision was on an an.
peal brought by William c. Street, OF
New York City, from lower court de-
crees refusing an injunction prohibit
ing federal prohibition officers from
seizing liquor which he had stored In
a room leased from safe deposit CON-
pany. The court declared congress did
not intend TO prohibit such storage
when the liquor was lawfully acquired
for lawful purpose.
The decision was rendered by Asso-
ciate Justice Clarke. The lower court
In upholding the portion OF the enforce
ment act interpreted by prohibition
enforcement officials as prohibiting
storage except in the home, held that
congress, under the police power dele
gated by the prohibition amendment,
had authority 10 prohibit any transpor-
reduce the necessity for transportation
TO minimum IL had the, power tOleg-
islate as TO the places where liquor
might lawfully be possessed.
Justice Clarke also held that the
transportation of lawfully acquired
liquor from warehouse to the home
OF the owner did not constitute trans
portation" within the meaning OF the
enforcement act.
The question presented, Justice Clarke
said. was simply may a warehouslng
corporation lawfully permit to be stored
In Its warehouse. after the effective
date OF the volstead act, liquors ad-
mitted to have been lawfully acquired
before that date and which are so
stored, solely and in good faith for the
purpose of protecting them until they
shall be consumed by the owner and
hfQ family, or hpn0 Ado Ct,aafe
After answering the question In the
affirmative, Justice Clarke declared the
court could not bring itself to the con-
clusion that such retention of the liquor
on the part OF the storage company
constituted "possession' within the
meaning of the section under considera-
ton, nor, would the transportation of
such stores TO the legal residence of
the owner from tho warehouse consti-
tute TRANSPORTATION" under the act.
The opinion suggested that congress
might have inadvertently omitted hav-
ing declared such storage unlawful, but
regarded 1t as more probable that the
trainers of the law had deliberately left
this meaas.of preserving lawful stores
Of liquor to those not possessing CONF
Georgia TAX Law.
The constitutionality of the Georgia
tax equalization act OF 1918 was denied
by the court In setting aside state SUI
preme court DEGREES in proceedings
growing out Of the collection of taxes
from the estate of j. o. Morton, in
Brooks county.
overruied Request.
The court denied the request Of the
Seaboard Air Line railroad for an In
junction restraining the interstate COM
merce commission form enforcing cer-
tain traffic regulations.
In taking this action the court af-
nrmed the decision handed down In Vir-
ginla courts IN the .'Richmond SWITCH
.ing case. Y m whinh klia CON tofAt lion of
the Interstate commerce. commission
that the practice Of the railroad OF abb
sorbinE switching charges was a viola
tior, of section 2 Of the commerce act
In that 1t made traffic rates discrimina-
tory against certain shipments.
Appeal Denied.
The court denied the appeal of Wells
Bros. & Co, of New York, for dam
ages from the government for delays
In completing the $i.000,000 postoffice
at New Orleans.
Denies Damages.
Claims amounting to $4,000 pre-
ferred against the United States by
Jane Field, a plantation owner Of Mis-
sissippi, because OF alleged damages
resulting from government improve
ment work on the Mississippi river
we're denied by the court.
The case came up on appeal from the
court OF claims, which had turned down
the claims. The petitioner asserted that
levee construction on the shore oppo-
site her property had increased the
amount OF overflow on her farm.