h
The Commoner
26
roa: i7, no. 1
w
E
I
Webb-KenoriLaw
Held Constitutional
r
'' Ar Washington dispatch, dated
'Jan.ll, says: In tho most sweeping
of all decisions upholding prohibition
laws tho supremo court last Monday
upheld as constitutional and valid tho
Wobtb-Konyon law prohibiting ship
ments of liquor from wet to dry
states. It also sustained West Vir
ginia's recent amendment to her law
prohibiting Importation in interstate
commerce of liquor for personal ;uso.
A?tor having been vetoed by Pres
ident Taft, who hold it unconstitu
tional, and having boon repassed by
congress over his vop, tho Jaw was
sustained by tho silpromo court by a
vote of 7 to 2. Leaders of tho pro
hibition movement declare it is to
their fight second only, in importance
to tho proposed constitutional amend
ment.' Affects Twenty-seven States
Tho Wobb-Konyon law, as; uphold
by tho supromo court, will affect
twonty-soven states. Of these, nine
toon already have prohibition estab
lished, four have voted for prohibi
tion and four have elected. prohibi
tion legislatures. These states now
have power to pass laws forbidding
tho shipment of liquors into their ter
ritory. Admit Big Dry Victory h
Lawyers for linuor interests who
heard tho decision today admitted it I
upnoia ana appnea tno law "in its
fuljest sense." t. , , ;
"Tho all-reaching power of govern
ment over liquor is settled," said.
Chief Justice White in announcing,
tho decision. "There was no, inten
tion of congress to forbid individual
use of liquor. Tho, purpose of this
act was to cut out by tho roots the
practice of permitting violation of
state liquorjaws. We can have no
doubt that congress has complete au
thority to prevent paralyzing of state
authority. Congress exerted a power
to, co-ordinate tho national with, the
state authority." '
Two Justices Dissent
Justice Holmes and Vandevantor
InhOTltofl in flin nnlnlnn Tultnn
of tho fourteenth amendment of tho
constitution of tho United Stateb. It,
however, decides that unless the state
authority has an exceptional appli
cation to shipments of Interstate
commerce as tho result of tho act of
congress known as tho Wobb-Kenyon
law tho provisions of tho state law
restricting shipments of intoxicants
into tho state from other states would
bo unconstitutional because interfer
ing with tho power of congress to
regulate commerce among tho state's,
and consequently would bo a direct
burden upon such commerce.
Shuts wff Carriers
"2. Considering the. WebbrKenyon
act, tho court holds that there is no
foundation for the contention that
tho act r ly applies to shipments
from one stato in'- another for a use
prohibited by the stato to which the
liquor is shipped. On the contrary,
it is decided that tho Webb-Kenyon
act, to use tho words of the act, ap
plies to shipments of liquor 'intended
to be received, possessed, sold or In
any manner used' in violation of the
laws of tho state. As' tho conclusion
causes every prohibition of the Wnst
Virginia law to be embraced and comb
under the right conferred by congress
by-tho Wobb-Konyon act, it is decided
that tho West Virginia law was not
in conflict with the commerce clause
of tho constitution and tho power of
congress to regulate commerce if
'congress had power to enact the
Wobb-Kenyon law.
Congress Has tho Power
"3. Disposing of that question, it
is decided that congress had the,
power under the constitution to adopt
tho Webb-Kenyon law, whether con
sidered from tho point of view "of
original, reasoning or in fti n-fcf ,
tho previous legislation by congress!
and tho decisions of the 'court ho'lVi-
ing that legislation valid. It is there
fore decided that ,by virtue of the
Webb-Kenyon law there is no power
to ship intoxicants from one state in
to another in violation of the prohi-'
bltions of tho law of tho state into
which the liquor is shipped.
"In other words, it is decided that
sirtco the amendment nf tha wi
uvenyon law the
nnntmAiM .JI i'a .
dissented to tho opinion. Justice Mc2j state 'commerce may not be lispfttv
f--w-pf tw wtjiuiujj IV A til LUC
majority decision, did not concur in
thq opinion.
the state prohibition."
fary
'T f
convey liquor into a state against the
prohibitions of its laws or tn
j tGrst.fitA hhVntVi1r. net !,' 1L ail ,
A digest of, the majcJiWoijrn.lpmVfght.to receive, possess,- sell -o in
propared by the court Sets JoM iis Wv MnnfiVi. nm, sZL..1j.-
i,tirij... e li ,,r . "vi"v ouuuiy to
xiui,uin& no J.UUUWH.
"1. That the WeafVhWln. livw!
besido prohibiting tho manufacture
ana saio ok an intoxicants except as
to thft't which is permtyt,edfQr! med
ical, sacramental arid manufacturing?
purposes, also forbids all transporta
tion of liquor and all receipt and pos
session of linuor tranfmnrtnri .In !!;
state whether originating, in or out?
siob or tne state, and, although it
does .not prohibit-vp,ersonal. .use, 4puts,
serjous restrictions upon the power W
obtain for such use. v 4
yTho court holds that, in
vio.w of tho well-established.
police ' authority of the state!
over Intoxicants, there is ntt reason to
thihk that this law was in any wise
repugnant to the due process clauSe
NEW RUPTURE CURE
j? Doa't Wdavh THimm ";
Brook's Appllanco. Nyw , discovory;'
wnaoriui. xno oonoxious springs or
jiaun, .txuiuiuu.ua Air
Cushions. Iliads hhA
drawn tko broken part;
together us yeHv.fmld .
broken limb. No salvos.
No plasters. No llos. Dur
able, cheap. Sent -on trial
to prove it. Full inform
ation anu btookJet FKEBl
O. E. Brook, 103A Stntc
St., MKrakuli; Mick. -
i
BILL TO ABOLISH SALOONS' IN
NATIONAL CAPITAL PASSES
: h-.-)v" 'SENATE .,
Associated press dispatch,
dated Washington, Jan. 9, says: The
Sheppard bill to abolish saloons in
me , nauonai canitnl
Swanson, Thomas, Thompson, Varda
man, Walsh, Willianls. Total, 28.
Republicans Borah, Brady, Clapp,
Clark, Cummins, Curtis, Dillingham,
Fall, Fernald, Gallinger, Gronna,
Jones, Kenyon, McCumber, Nelson,
Norris, Oliver, Page, Poindexter,
Sherman, Smith of Michigan; Smoot,
Sterling, Sutherland, Townsend,
Watson, Works. Total, 27. Total
ayes, 55.
Noes
Democrats Bankhead, Broussard,
Culberson, Hardwick, Hitchcock,
Hughes, Husting, James, Johnson of
Maine, Lee, Lewis, Martine, New
lands, O'Gormau, Phelaii; Pomefene,
Reed, Saulsbury, Smith of Arizona;
Stone, Tillman, Underwood. Total,
22.
Republicans Brandegee, Colt, Du
pont, Harding, Lippitt, Lodge, Mc
Lean, Penrose, Wadsworth, Weeks.
Total, 10. Total noes, 32.
Neither Vote on Party Lined
Neither the vote, on the referen
dum amendment nor that on the
passage of the bill was on party lines.
There were 26 democrats and 17 re
publicans voting for the referendum,
and 22 democrats and 21 republicans
voting against it. Most of the repuo
licans of tho so-called progressive
group voted against it.
For the bill itself there were 28
democratic and 27 republican votes,
with 22 democrats and 10 republicans
against it. All the progressives voted
for passage.
Provisions of the Bill
The prohibiting language ofthe
bill says that after Nor. 1:
No person or -persons, or any house,
company, association, club or corpor
ation, his, its or their agents, offi
cers clerks or servants. nlronHv nr
J indirectly shall, in the 'District of
Columbia, manufacture for sale or
gift, import for sale, offer for sale,
keep for sale, traffic in, barter, ex
port,, ship out of the District of Co
lumbia or exchange for goods or
merchandise, or solicit or receive or
ders for the purchase of any alcoholic
liquors for beverage purposes or for
any other than scientific, medicinal,
pharmaceutical, -mechanical, - sacra
mental .or dther nonbeverage pur
poses'. '' ,',:
Andther section says the measure
,suaii not do -construed to prevent
'the manufacture, ImDortaho'n . av
.pprtatidn ' of Sale" of denatured.
methyl alcolibl-or of ethyl alcohol" tor
scientinc; medicinal ' and like ' pur
poses, but their inaufacture and sale
are limited to licensed druggists or
manufacturers. The Bo-caljed lock
ers system is specifically forbidden.
Common Carriers as "Detectives"
All common carriers bringing in
toxicants into the District of Colum-
Dia are to keep a record of the con-
JlfrPf TSTrw 1
1917, was passed late today by th . ar0 l? Keep a record of tUe con-
rS$.': vJM
1ltema
where. 1U fri3r:a, claim it is .assured
While the measure prohibits the
saleof liquor in the District of Co
lumbia, it permits importation tor
personal use. An amendment which
would have submitted the proposal
to a referendum of citizens of the
DiBtrictwas defeated lnRf w
, passage by a tie vote, 43 to 43.
, ine vote Tn jpassage follows:
Democrats -, ishurst,' Be'ckman,
Bryan, Chamberlain, Chilton, John
ston of South - kpta; Kern, Kirby
L,ea, Martin, Myers and Overman
Pittman, Ransdell, Robinson, Shaf
roth Sheppard Shields, Simmons,
Smith of Georgia; Smith of . "Marv
Und; Smith of South Carolina '
xney-ar for personal use. Th l
declares property rights shall exist in
alcoholic liquors illegally manufac
tured or brought into tho District,
makes every place tha.t violates the
law a "common nuisance," and, gives
the right to any citizen to sue and
tb enjoin such nuisance.
Heavy penalties are provided for
violations, including a provision
aimed at physlciaj who prescribe li
quor for patients without cause. A
right to sue for damages from the
person who sells liquor to a person
.who is" injured "in nerson or nrnn.
I.erty" in consequence of intoxicaion
is given to wood relatives.
Efforts to absolutely forbid manu
facture in the District and expert
from it were beaten without a record
vote. An amendment by Senator
PlHilan which "would permit' salo of
dSX;5le' beer and porter"
For Making Territories "Dry"
Whilo the Sheppard bill was under
consideration in the senate, legiBla
tion to prohibit liquor traffic in it,
waif was urged before tho house tor- '
ritories committee by representatives
of the Anti-saloon League of America
and tho Women's nhricHo mTwtd
ance Union. The committee tomor-
xurt win ueur arguments in favor of
a drastic liquor prohibition law in
Alaska.
HOUSE COMMITTEE FAVORS PRO
HIBITION RESOLUTION
, A Washington D. C, dispatch, says
The resolution to submit national
prohibition to the states is again out
of committee and before congress.
The judiciary committee of tho
house reported it favorably Decem
ber 13, the vote being twelve to
seven. Here is the way the com
mittee members lined up:
For Chairman Webb of North
Carolina, Thomas of Kentucky, Tag
gart of Kansas, Wilson of Illinois,
Whaley of South Carolina, Carroway
of Kansas, Neely of West Virginia,
Walker of Georgia, Volsted of Min
nesota, Nelson of Wisconsin, Mor
gan of Oklahoma, Chandler of New
York.
Against , Igoe of Missouri, Gard
of Ohio, Steele of Pennsylvania, Dan
forth of New York, Graham of Penn
sylvania, Dyer of Missouri and Walsh
of Massachusetts.
The resolution as recommended by
the judiciary'committee is as follows:
"Tho sale, manufacture for sale,
transporting lo- sale, importation,
for sale of intoxicating liquors for
beverage purposes in the United
States and all territory subject to tno
jurisdiction thereof and exportation
thereof are forever prohibited.
"The -congrjMfs or the states shall
have power independently or con
currently to enforce this article by
all needful legislation."
SENATE REPORT FAVORS PRO
HIBITION A Washington dispatch, dated Dec.
21, says: By a Tote of thirteen to
three, with two members not voting,
the senate judiciary committee today
reported favorably a joint resolution
providing for a: national prohibition
amendment. The three senators who
voted against the report were Reed,
of Missouri; -Brandegee, of Connec
ticut, and Culberson, of Texas.
As reported by the senate com
mittee, the resolution would read:
"The sale, manufacture or trans
portation of intoxicating liquors witbr
in, the importation thereof into and
exportation thereof from the United
States and all territories subject to
the jurisdiction thereof for beverage
purposes, are hereby prohibited.
"The congress shall have power to
enforce this article by all appropriate
legislation. This article shall not bo
construed to abridge the power oi
the several states, to enforce state
prohibitory laws."
MABD PROHIBITION BILL PASSES
UNITED STATES SENATE
A Washington dispatch, dated Jan.
11, says: Transmission in the mans
of liquor advertisments, in circulars,
newspapers or otherwise, into states
Which prohibit such advertising or
solicitation, is barred b a bin oy
Senator Bankhead. of Alabama,
passed today by the senate, it now
gqes to the house.
Editor I iiko' this poem; it is cap
ital. - PoetWsfes, . hope so; but
how much? Boston Transcript.
V
