The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-02-04
New Liquor Rules
By Supreme Court
Whiskey Can Not Be Drawn
From Bonded Warehouses
For Personal Use

Washington. Ian. 30.-IntoNi-
eating liquors. stored in govern
mcrt bonded warehouses can not
be withdrawn by the owners for
their own personal use. the su-
prealc court today held in a de-
cision delivered by Justice Nc
kenna. and diSsented to by Justice
McRevnoldS. Such liquor can only
be transported from the bonded
warehouses. Justice Mckenna stat
ed. ..to wholesale druggist for
sale 10 hir, for purposes not pro-
hibitcd.'
The court in a previous decision
had held that owners could With
draw from private warehouses
liauor for their own consumption
or for the use Of their family on
their bona tide guests. Today's
ruling marks wide distinction
between private and bonded ware
houses. Justice McKenna on this
point said that mere ownership
was not the equivalent 10 pos
session and declared that under
the volstead law. there must be
ownership. and possession in ones
private dwelling, and that charac-
ter can not be assigned TO the
bonded warehouses Of the govern
ment.'' The cases before the
court did not. he said. have the
effect of depriving those who held
warehouse certificates Of their prop
erty without due process Of law.
nor did it amount he added, to
the taking Of private property for
public purposes without jest COM
pensation.
Referring to the contention that
the prohibition amendment and
the Volstead act if applied to liquor
manufactured and lawfully ac-
CURED before the amendment and
the law became effective would be
void. as taking from property its
essential attributes Of the right to
use it. possess it and enjoy it. JUS
tice MeKenna stated that the court
was mot disposed to trace the
elements of the contentious min
utely." rs they were all answered
by the former decision of the
court in the national prohibition
cases.
Referring to thai part Of the
law which permits one to use law
f,,llx, ohj,;,ays fS1,,,ot- - l,;c hoo,o
Justice McKenna asserted this
right can not be construed to eX-
tend ''to liquors not so situated, or
to put IL more pointedly and inten-
ton 10 make all bonded ware
houses OF the country outbuildings
OF its dwellings,
Declaring he had been in dis
agreement With the previous deci-
sion Of the court in holding that
LIQUOR in pivate warehouses could
be lawfully moved by owners to
their residences for consumption.
Justice McReynolds asserted that
& the doctrine laid down by the
court in that case was good, it
would permit owners to withdraw
liquor from bonded warehouses.
and he urged that unless the
court took that view it should
frankly" withdraw it's former de-
cision. Ia the present cases liquor
was entrusted to government ware
houses as permitted by the statute.
he said, but the owner lis denied
the privilege of taking it home be-
cause that warehouse is not con-
tributory to his dwelling, nor an
adjunct thereto. nor an ortbuilding
connected herewith
The decision grew out Of con-
Solidation Of four cases, all brought
against internal revenue collectors
to compel them to permit the with
drawal OF the liquor. In each case
the decision was against the owner
Of the warehouse certificate.