Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-11-11
STATUS or LEGAL"
LIQUOR IS FIXED
Storage in Commercial Ware.
houses and Transportation to
Owners Homes Not Prohi.
bited Says Supreme Court

Press)-Storage OF lawfully acquired IL
In commercial warehouses and re
transportation of such stocks to the home
of the owner Is not prohibited by the Vol
stead act under a decision handed down
to-day by the Supreme Court.
In passing upon the appeal of William
@. street OF New York from decisions OF
courts. refusing to enjoin internal
revenue officials from selling liquors he
had placed In a room rented from a safe
deposit company. the Supreme Court re-
versed the lower courts and held that
the injunctions should be granted.
MAY RELEASE lo,ocO.0O GALLONS
The effect Of this ruling had not been
fully appraised tonight by Internal rev.
cnue and prohibition enforcement Off
Gals. TIE belief was expressed. however.
that tho result might he the release OF
som lo,oco,0oo gallons Of intoxicating bev-
orages which a been stored In ware
houses since January 16. 1890.
Records on file here show that, in adj
f'tton to immense quantities of liquors.
purchased ana stored by individual con-
Huiners there were in storage when the
Nolstea0 ect became effective, large
stocks held by hotels and restaurants as
reserves. Whether these latter stocks
come within to-day's ruling has not been
determined. 1t was anticipated that test
cases would be filed soon on this and
similar questions arising from tho un-
determined scope OF the new ~interpreta-
''o- Of the Tolstead act.
JUSTICE CLARK's OPINION
Justice Clark, VINO rendered The opinion
to-day. held that the transportation OF
liquor from warehouse storage 70 the
owners home would be legal. II the liquor
lad been lawfully acquired and for n
lawful purpose. He said:
That transportation of the liquors -"
Is not such as IL prohibited by the Sec
ton Is too apparent to Justify detailed
consideration of the many provisions OF
the act inc onsistent with a construction
which would render such removal unlaw
full, and that the act Is understood by
the officers charged with it's execution
MS permitting such transportation Is
shown by the provision of the regulations
Of the bureau Of Internal revenue author.
izlng permits for the transportation oil
liquor from one permanent residence o.
an owner to another in the case Of his re-
moval. although no such transfer Ia il
terms provided for by the act"
The opinion pointed out, however
mat tlteTndl revenue dutTOTltleS uH
doubtedly had the administrative pow
er to regulate the transfer Of sucl
liquors SO as to prevent their use II
violation Of the law.
Ar intention to confiscate privat,
property" the opinion concluded. "evel
in intoxicating liquors. will not b.
raised by inference and construction
from provisions of law which hav,
ample field for their operation in eff
recting a purpose clearly indicated an
declared.
JUSTICE McREYNOLDS CONCuRS
Justice McFteynolds. concurrirtg il
the judgment of the court. diAente'
as to the reasoning by which it wa
reached.
"I think the Nolstead act was properl
interpreted by the court below he said
but to enforce it as thus construed woul
result in virtual confscation Of lawful
acquired liquors by preventing or undul
interfering with their consumption b
the owners. The eighteenth arnendmen
gave no such power to Congress. Manu-
f~acture, sale and transportation are tn
thing prohibited-not personal use"
DRY" AGENTS STUDY DECISION
Prohibition enforcement officials bega
studying the decision Immediately afte
il was read, The opinion was frankly eA
pressed that many changes would hay
TO be made in the enforcement reguif
tions, but pending detailed study OF til
cases and their circumstances surround
ing the litigation. no official statemer
was forthcoming.
A conclusion had not been reached t.
night as to whether the courts interprt
tation opens the way for unrestricte
transportation In Interstate commerce
That transfer can be made within
State apparently was specific, but til
language of the court when analyze
may yet show, officials thought. NEAR
whereby Interstate transportation can !
stopped. In the particular case involve
1t was pointed out. the owners leg
residence and the place of storage we
within the same State and, in fact.
the same city.
SPEEDY REMOVALS ANTICIPATED
In connection with the t~ransportatic
Of liquors, officials said. that II wou
be difficult if mot impossible for them
determine the legality OF purchases al
whether the stored stocks had be-
obtained prior to the effective date
/. the Nolstead act. This was expected
result In more stringent regulations VI
, respect to Withdrawals of beverages fro
bonded warehouses, but the same reg
! lations cannot be made to apply to orc
, nary storage warehouses. Stored stocI
therefore again are without the law
n great degree, officials said. adding tn
they anticipated its speedy removal fro
such storage,