The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1933-12-21
LIQUOR RULING.
May LET down
BAR IN STATE.
Brummitt's Interpretation
OF Law Is Revised And
Restricted
By J. c. BASKERVILL
The Tincs-NeNS Burrhn
Sir WuiIpT Hotel

RALEIGH, Dec. 21.-The most
recent opinion by Attorney, Heh-
eral Dennis G. Brummitt, released
exclusively to morning newspapers
Tuesday. in which he ruled that
officers in North Carolina cannot
Interfere with shipments of liquor
on route through North Carolina
from a point without the state -
a point in some other state, Is re-
garded here by good many o.
servers as likely to become
bupghole through which a grea[
deal of Illegal legal liquor Will
be struggled into the state. 1t Is
pointed out, however. that the at
tornev general could not rule
otherwise. since no state can pass
a state law in COntravention OF
the Federal Constitution, when
guarantees the freedom of inter-
state commerce. So if the attor-
new general had ruled that the
burlington Act prohibited the
Transportation of liquor through
the state from one point outside
the. state across into anotne"
state, he would have virtually de-
clared the entire burlington Act
unconstitutional.
In fact, it was learned here
Yesterday that the first opinion
on this question issued by the at
torney generals office several
DAYS ago, and then recalled so
another opinion could be written
virtually declared the burlington
Act unconstitutional. 1t Is under
stood that the first opinion, writ
ten BY an assistant attorney gen-
eral. while pointing out that no
state could pass a law restricting
interstate commerce, was so word
ed that one sentence in it was ca
pabie of being construed IN such
a way as to make the opinion say
the burlington Act was unconStl-
tutional. This opinion was also
given only to the morning news
papers. One of them called the
attorney general on the telephone,
according to current reports,
called his attention to the sentence
in question. whereupon he can
celled the release, called IN the
opinion and wrote another one
the one that was released Tuesday
morning. This second opinion was
more carefully wOrded.
"An officer may seize intoXlcat-
ing liquors transported IN inter-
state commerce into the state for
possession. use and consumption
here" the opinion by the attorney
general said. but che may not
seize such Intoxicating liquors
transported in Interstate COM
merce between points of origin
and destination without the
state"
That evasions of the burlington
Act may be expected to occur was
anticipated by the attorney gen
eral, who said further IN his opln-
ion:
"Evasions of our state law may
be expected constantly t o occur
through claims of persons found
TO be transporting liquors that
their cargoes come within the lat
ter classification. Here is sltua-
ton that calls for the exercise OF
sound judgment on the part OF
those whose duty it is to enforce
the law and who are under the
necessity at all times of acting
with due prudence"
The attorney general also lndl-
Gated that in his opinion addition
al regulatory laws will be neces-
sary. when ne said:
'Experience will no doubt
- demonstrate the necessity of ad-
ditional legislation IN aid of otti-
GERS in performance of their du-
ties"
Until such additional legisla-
ton" is enacted, according to pre-
vailing opinion in law enforcement
circles here. this opinion is likely
to be used by bootleggers and rum
runners as a cloak for their activi-
ties. If officers stop trucks or au-
tomobiles loaded with liquor, the
drivers can very easily say that
they are transporting the liquor
from some point in Virginia. say,
to some point in some other state
where it may be legally sold. They
may even have bills of lading from
point origin to the destination.
But this will not prevent them
from selling few cases here in
North Carolina en- route, or even
the entire shipment.
1.-THE only thing this opinion
will do, as see it," said a state
official who is also a lawyer, will
be to assure a more plentiful sup
ply of illegal legal liquor here in
North Carolina and at more rea-
sonable prices than would other
wise have been the case, since
under this ruling the rum runners
viii be running less risk"
Several days ago the attorney
general issued a ruling in which
he held that grain alcohol could
be shipped into the state without
any federal permit, for certain
and varied uses. This is expected
to result in an increase in the