Great Falls daily tribune. [volume] (Great Falls, Mont.) 1895-1921, 1920-11-09
BOOZE STORAGE
LEGAL RULES
HIGHEST COURT
New York Dry Law
Endorsements Officers
Lose Appealed Case.
Cannot Be Grabbed in
ransit if Lawfully
Possessed, Also Held.

Washington, Nov. 8.-Liquor
lawfully required by a person
for his personal use may be stor-
ed in a place other than his
home under a ruling Monday by
the supreme court.
The courts decision was on an appeaI
brought by William G. Street of New
York City. from lower court DEGREES re-
fuslng an injunction prohibiting federal
prohibition officers from seizing liquor
which he had stored in a room leased
from safe deposit company. The court
declared congress did not intend to pro-
hibit such storage when the liquor was
lawfully acquired for a lawful purpose.
The decision was rendered by Associ-
ate Justice Clarke. The lower court In
upholding the portion Of the enforcement
act interpreted by prohibition enforce
ment officials as prohibiting storage ex-
cept in the home, held that congress
under the police power delegated by the
prohibition amendment had authority to
prohibit any transportation of Hquors
and that in order to reduce the inclina-
tions for transportation to minimum,
it should have the power to legisIate as
to the place where liquor might lawfully
be possessed.
Justice Clarke also held that the trans
portation of lawfully acquired liquor
from warehouse to the home of the
owner did not constitute "transporta-
ton" within the meaning Of the enforce
ment act.
Decision OF the Court
He said: THAT transportation of
liquors is not such as is prohibited by
the section is too apparent to justify de-
tailed consideration of the many pro-
visions of the act inconsistent with a
construction which would render such
removal unlawful, and that the act is
understood by officers charged with its
execution as permitting such transpor
regulations of the bureau of internal
revenue authorizing permits for trans
portation of liquor from one permanent
residence of an owner to another in the
case of his removal. although no such
transfer is in terms is provided for by
the act
The opinion pointed out. however,
that internal revenue authorities un-
doubtedly had the administrative power
to regulate transfer of such liquors so as
to prevent their Illegal use.
Officers Get Busy
"An intention to confiscate private
the opinion concluded, ''even
in intoxicating liquors, will not be rails
ed by inference and construction from
provisions of law which have ample
field for their operation in effeeting a
purpose clearly indicated and declared
Prohibition enforcement officials at
once began studying the decision, The
opinion was frankly expressed that many
changes would have to be made in en-
foreement regulations
One effect of the decision foreseen
was the danger of increased opportunity
for fraud among persons seeking to vio-
late the law Without the check on
provided by the permit
system, officials indicated they expect
ed greater difficulty in controlling un-
lawful sales.
Interstate Effect
A decision had not been reported Tues
day night as to whether the courts in
opens the way for unre-
stricted transportation in interstate COM
neree. That transfer can be made
within a state apparently was specific
ID, but the language Of the court when
analyzed may yet show. officials thought
means whereby interstate transportation
,an be stopped.
In connection with transportation of
liquors. officials said it would be difficult =
not impossible for them to determine
he legality of purchase and whether the
stored stocks had been obtained prior
o the effective date of the Volstead
let This was expected to result in
more stringent regulations with respect
o Withdrawals of beverages from bonded
but the same regulations
annot be made to apply to ordinary
forage warehouses. Stored stocks.
herefore. again are within the law to
great degree, officials said, adding that
hey anticipated its speedy removal from
uch storage.