Show WJ u J LAW no Continued from Pago Page One to cut out by the tho roots the tho practice of or permitting violation of state li liquor liquor li- li quor laws We can have no doUb doubt that Congress has complete completo authority t ty to prevent paralyzing of state au au- Congress exerted a power to ordinate co-ordinate the nation with the state authority I Attorneys for national liquor or- or who were In la court said the decision upholds and applies the the- Webb Webb-Kenyon law in its broadest sense Wayne Vayne E. E B B. B Wheeler counsel for forthe forthe forthe the Saloon Anti-Saloon League of ot America who with Fred Blue Prohibition tion of West iVest Virginia argued the case before the court made the statement on the courts court's decision The states may now prohibit the possession receipt sale and use of intoxicating liquor and nd not be hampered hampered hampered ham ham- b by the agencies of oC Interstate interstate- commerce Abstract of ot In an official abstract of ot the courts court's decision it was stated that the court holds 1 Trat the West Virginia law besides besides be- be sides prohibiting the manufacture and and sale of ot all intoxicants except as to that which Is permitted for medical sacramental and manufacturing manufacturing turing purposes also forbids all aU transportation of or liquor and all receipt receipt receipt re re- re- re and possession of liquor transported transported trans trans- ported in the state whether originally originally originally nally in or outside of the state and although it it does not prohibit person person- personal al use puts pUb serious restrictions upon the power to obtain for such use The court holds that In view of the well established police poUce authority of or the state over intoxicants there there- is no reason to think that this law was in any wise repugnant to the tho 4 process clause of the fourteenth amendment to the constitution of the the- United States It however decides that unless the state authority has hae hasan hasan an exceptional application to shipments shipments shipments ship ship- ments of r interstate commerce as the the- result of the act of or Congress known as the Webb-Kenyon Webb law the provisions provisions provis provis- ions of ot the state law restricting shipments o of ot intoxicants into the state from other states would be un- un because interfering with the power of Congress to regulate regulate regulate reg reg- commerce among the states and consequently would be a direct burden burden burden bur bur- den upon such commerce 2 Considering the Webb Webb-Kenyon act the court holds that there is no foundation for the tho contentions that the act only applies to shipments shipments shipments ship ship- ments from one state Into another for a use prohibited by the state state- to which the liquor is shipped On the contrary it Is decided that the Webb-Kenyon Webb act to use the worlds of the act applied to shipments of or liquor intended to be received possessed possessed pos pos- sold or in any manner used in violation of or the laws of or the state As this conclusion causes every prohibition prohibition pro pro- hll of the West Virginia law to be embraced and come under the right conferred by Congress by the Webb Webb-Kenyon act It is decided that the West Virginia law was not In conflict with the commerce cl clause use j the constitution and the power d M Congress had power to enact the Webb-Kenyon Webb law 2 Disposing of or that question It ItIs itis Is decided that Congress had the power under the constitution t to adopt the Webb Webb-Kenyon law whether considered from the point of or view view of original reasoning or In the light of the previous legislation by Congress Con Con- Congress gress grass and the decisions of ot the court holding that legislation valid It Is la therefore decided that by virtue of the Webb Kenyon law there Is no power to ship Intoxicants from one state into another In violation of or the prohibitions of the law of or the state inter which the liquor Is shipped In other words It ft Is decided that since the enactment of or th Webb- Webb Kenyon law the channels of Interstate commerce ma may not be used to convey convey con con- ve vey liquor Into a n state against the prohibition of ot its laws or to use uso in interstate in in- commerce as the basis for tor fora tora a right to receive possess sell or in any manner use liquor contrary to the state prohibition |