The Glenwood post. (Glenwood Springs, Colo.) 1897-current, 1920-11-13
'Velstea& Act Allows Relnov.
a From Warehouse to
Owners Home
EFFECT NOT CERTAIN

Washington, Nov. S.-St0raxe OF
lawfully acquired liquors in CONNER
ciA warehouses and the transportation
OF such. stocks to the home Of the
owner il not prohibited by the Vol.
stead act under q decision handed
down today by the supreme court.
In passing upon the appeal Of Viii
Liam G.. Street, Of New York, from
decisions Of lower courts refusing to
enjoin internal revenue officials from
selling Liquors that had bean placed
in q room rented from safe deposit
company the supreme court reversed
the lower court and held that the in
functions should be granted.
The effect of this ruling had not
been fully appraised tonight by inter-
nal revenue and prohibition enforce
ment officials. The belief was ex-
pressed however, that the result might
be the release of some ten million gal
Ions Of Intoxicating beverages stored in
warehouses since January 10, 1890.
Records on file here show that in
addition to immense quantities Of liq-
uors purchased and stored by indivi.l-
ual consumers there were in storage
when the Volstead act became effect
i've large stocks held by hotels and
restaurants as reserves. Whether these
latter stocks came within today's rul-
ing has not been determined. 1t WAS
anticipated that test case would be
flied soon ON this and similar questions
arising from the undetermined scope
of the new Interpretation of the Vol
stead act.
Justice Clarke, who rendered the
opinion today, held that the transpor
tation from warehouse storage to the
owner s home would be legal If the
liquor had been lawfully acquired and
for lawful purpose. He said:
so That transportation OF the liquors
is not such as is prohibited
by the section is too apparent to JUS
thy detailed consideration of the many
provisions OF the act inconsistent with
construction which would render
such removal unlawful and that The
act is understood by the officers
nhurUni with
ting such transportation is shown by
the provision of the regulations of the
bureau of internal revenue authorizing
permits for the transportation of liq
uor from one permanent residence of
his removal, altho no such transfer is
provided for by the act.''
The opinion pointed out, however,
that internal revenue authorities I'M
'doubtedly had the administrative pow
er to regulate the transfer of such
liquors so as to prevent their use in
violation of the law.
can intention to confiscate private
property the opinion concluded,
seven in Intoxicating liquors will not
be raised by inference and construc-
ton from provisions of law which
have ample field for their operation in
effecting, purpose clearly Indicated
and declared.
Justice McRsynOlds, concurring in
the Judgment of the court, dissentcd as
to the reasoning in which it WAS
reached.
~ think the Volsteal act WAS prop
erly interpreted by the court below"
he said, but to enforce it ~ thus CON
strued would result in virtual confis-
cation Of lawfully acquired liquors in
preventing or unduly interfering with
their consumption by the owner. The
eighteenth amendment gave NO such
power to congress. Manufacture, sale
and transportation are the things pro-
hibited-nOt personal use.''
Prohibition enforcement officials be-
gan studying the decision Immediately
The opinion was frankly expressed
that many changes would have 10 be
made in the enforcement regulations,
but pending detailed study Of the case
and the circumstances surrounding the
litigation, unofficial statement was