The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1920-11-11
STATUS 90 -LEGAI-
LIQUOR Is FINED
sss.rs IN Commercial warebosses
and Transportation 10 os nrfs'
Homes Noi Prohibited says -
pfems Court

SISTED Press storage II taNfd3ll
acquired liquors II commercial Nare.
hsnHes and the trarsporf alton q such
stocks % the home " the Owner i
Rot prohibited by the Yolstead ae,
anser \ decision handed down to-day
h. the Supreme Court
ln passing 4pon The appeal of VII.
sam G Street 0f Ncs York from de-
sss.oss 81 lower courts refusing 70
eajoin internal revenue officials from
a-eiziqg liquors he bad placed in a room
nsutel from a safe deposit company,
40 Supreme Court reversed the lower
.ourts and held that the iniuneuons
should be granted.
May Release 10000. 900 Gallons
The effect Of this ruling had not
been fully appraised tonight By in
srnal revenue and prohibition en-
forcement officials. The belief was eN-
srs.sed. however. that the result
sight be the release of some 10000
eco gslions Of intoxicating beverages
which have been stored in warehouses
since January i6, 1920
Records on Gle show that, in addi-
tion 10 immense quantities Of liquors,
purchased and stored by individual
consumers there were in storage when
the yolstcad act became effective,
large stocks held BY hotels and restaur-
ants as reserves. Whether these lat
To- stocks come within today's ruling
has not been determined II was an
tieipated that test cases would be filed
soon on this and similar questions
arising from the undetermined scope
of The Volstead act
Justice Cark's Opinion
Justice Clark, who rendered the
opinion today, held that the transport
alton of liquor from warehouse stor-
age to the owners home would be
legal. II the liquor had been lawfully
acquired and Tor lawful purpose.
Nc said
That transportation Of the liquors
IS not such as Is prohibited by
the section is too apparent to justify
q detailed consideration Of the many
provisions Of the act inconsistent with
a construction which would render
such removal unlawful, and that the
set IL understood by the officers charg-
ed with It's execution as permitting
such transportation is shown by the
provision of the regulations of the bu-
reau of internal revenue authorizing /
permits for the transportation Of
liquor from one permanent residence
Of an owner to another in the case Of
his removal, although no such transfer
is in terms provided by the act"
The opinion pointed out, however
that internal revenue authorities un-
dcubtedly had the administrative pow
or TO regulate the transfer Of such
liquors SO as to prevent their use in
violation Of the law.
An intention 70 conhscate private
the opinion concluded, "ev
en in intoxicating liquors, will not be
raised by inference and construction
from provisions Of law which have
ample field for their operation in ef
fecting a purpose clearly indicated and
declared.
Justice MeReynolds Concurs
Justice McReynolds. concurring in
the judgment Of the court. dissented
as TO the reasoning By which i was
reached
Il think the Volstead Act was prop
arly interpreted by the court below, !.
he said. hut 10 enforce il rs thus con-
stIued would result in virtual coniisca-
ID n Of lawfully acquired LIQUORS by
or unduly interfering with
heir consumption BY owners. The
eighteenth amendment gave no such
bower to Congress. Manufacture, sale
md transportation are the things pro
personal use.
DRY" Agents Study Decision
Prohibition enforcement officials be
ran studying the decision Immediately
Ifter it was read The opinion was
rankly expressed that many changes /
could have 70 bc made in the enforce
rent regulations. but pending detailed
fudy of thr eaSes and their cireum-
tances surrounding the litigation. nc
nlcial statement vas forthcoming
A conclusion hid not beer reached
cnigh. IS 70 whether The courts in-
appreciation opens the way Tor unre
tricted transportation IN interstate
5mmcrce. That transfer can be made .
.ithin 3 State apparently was specific, s
q. tie language II the court when
aalyEcd may vet show officials
bought. means whereby interstate
can bc stopped n the y
artieular case involved, i Was point
4 cut. the owners legal residence and
be place n storage we're within TIE
ame state and. in fact. n the same
ny