Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-01-31
MAY ONLY GO
To DRUGGISTS
DECISION SAYS
Owners Of Stored RI
vate Stock Cannot
Transport It Home.
Mere Ownership Is Not
Equivalent to Posses
sion, Judge Holds.

Washington, Jan. 30.-Intoxicating
liquors stored in government bonded
warehouses cannot be withdrawn by
the owners for their personal use, the
supreme court Monday held in de-
cision delivered by Justice McKenna
and dissented to by Justice McReyn-
olds. Such liquor can only be trans
ported from the bonded warehouse,
Justice Mckenna stated, ito whole
sale druggist for sale to him for pur-
poses not prohibited
The court in previous decision held
that owners could withdraw from pri-
vate warehouses liquor for their own
sumption or for the use OF their
family or their bona fide guests. Mon
day's ruling marks wide distinction
between private and bonded ware
houses.
Justice McKenna said "mere owner
ship was not the equivalent" to pos
session and declared that under the
Volstead law, there must be owner
ship and possession in ones private
dwelling and that character cannot be
assigned to the bopdsa warehouses .;d Of
the government" The decision dld
not, he said, have the effect Of depriv-
ing those who held warehouse certifi-
process of law, nor did it amount, he.
added, to the taking of private prop.
erty for public purposes without just
compensation.
Hits Former Decision
Referring to the contention that the
prohibition amendment and the Vol
stead act, if applied to liquor manufac-
tured and lawfully acquired, before the
amendment and the law became effect
i've, would be void as taking from prop
erty it's essential attributes Of the right
to use it, possess it and enjoy it, JUS
tice Mckenna stated that the court
was mot disposed to trace the elements
of the contentious minutely. as they
were ell answered by the former de-
cision of the court in the national pro-
hibition cases."
Referring to that part of the law
which permits one to obtain liquor IN
his home, Justice Mckenna asserted
this right cannot be construed to eX-
tend ito liquors not SO situated, or to
put it more pointedly, an intention to
make all bonded warehouses, outbulld-
ing of dwellings"
Declaring he had been in disagree
ment with the previous decision that
LIQUOR in private warehouses could be
lawfully moved by owners to their resi-
dences for consumption. Justice Nc
REYNOLDS asserted that if the doctrine
laid down by the court in that case
was good, it would permit owners to
withdraw liquor from bonded ware
houses and he urged that unless the
court took that view it should frank
W. withdraw its former decision.
"No Analogy He Says
In the present case, liquor was en-
trnsted to government warehouses as
permitted by the statute. he said, but
the owner ''is denied the privilege of
taking it home because that warehouse
is not contributory to his dwelling. nor
m adjunct thereto nor an outbuilding |
connected with it"
If those bringing the present cases |
'had only suspected the remarkable |
power of the Forty Second street lpri- |
yate) warehouse to attach itself to |
the dwellings of oil patrons without |
regard to distance" he continued, re- I
ferring to the private warehouse in !
volved in the former decision holding |
liquor could be transported, they might |
pointed out that the liquor was stored |
where the statute said it might be |
stored and added that now the supreme
court announced there is no analogy"
between the "lonely barrels, casks and
cases which within more favored walls |
awaits the pleasure Of the owner" in
the private warehouse case.
Four Cases Consolidated
The decision grew out Of consoI-
dation Of four cases, all brought against
internal revenue collectors to compel
them to permit withdrawal Of the
liquor. Those brought by Charles Cor
nell and George J. Chic, came from
st. Louis, Walter A. tastes from Kan
sas City, Mo-, and William II. Bryan
from Baltimore, Md. In each case the
decision was against the owner of the
warehouse certificates. Cornell pur-
chased spirits stored in bond in the
spring of 1917, prior to the ratification
Of the eighteenth amendment; Bryan
bought his on October 3, 1919, prior
to the effective date of the Volstead
act: Chic obtained his February 28,
1920, after the amendment and the
Volstead act had become effective
Eastes dates his ownership, from
August "a, 1917.
ooopELL RECOMMENDED /
FOR REVENUE COLLECTOR
Washington. Jan. 3O.-Rex 3. Good