The Manning times. (Manning, Clarendon County, S.C.) 1884-current, November 10, 1920, Section One Pages 1 to 16, Image 8
OWNERS MAY REMOVE
SOME STORED LIQUO
Supreme Court Interprets Section c
Volstead Act.
MAY BE TAKEN HOME
It' LAWFULLY HEL
Decision Comes on Apjeal of Ne
York Man From Course of Lowe
Court in Refusing to Grant Ir
junction Against Revenue Officer
Washington, Nov. 8 (By the Ass<
ciated Press.) -Storage of lawfull
acquired liquor in commercial ware
houses and the transportation c
such stocks to the home of the owne
is not prohibited by the Volstea
act under a decision handed tiown tc
day By the supreme court.
In passing upon the appeal of Wil
liam G. Street of Ne wYork fror
decisions of lower courts refusing t
enjoin inteplial revenue officials fror
seizing ligdors he had placed in
room rented from a safe deposit com
pany, the supreme court reversed th
lower courts aidi held that the in
junction should be granted.
The effect of this ruling had no
lyeni fully appraised tonlight hy in
terial revenue aid prohibition eii
forcement oflicials. The belief wa!
expressed, however, that the resul
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might be the release of some 10,000,
000 gallons of intoxicating beverige;
which have been stored in ware
houses-since January 16, 1920. '
Records on file here show that ih
addition to immerise quantities o
liquors purchased and stored by in
dividual consumers, there were i
storage when the Volstead act be
came effective large stocks held b
hotels and restaurants ass reserves
r Whether these latter stocks coi
within today's ruling has not beei
determined. It was anticipated that
test cases would be filed soon on thi:
and similar questions arising fron
the undetermined scope of the nem
7 interpretation of the Volstead act
- Justico Clarke, who rendered thc
f opinion today, held that the trans
r portation of liquor from varehouse
I storage to the owner's home would be
- legal, if the liquor had been lawfully
acquired and for lawful purposes.
Move Not Prohibited.
"That transportation of the liquoi
3 -.-- is not such as is prohibited by
1 the section is too apparent to justify
detailed consideration of the many
- provisions of the act inconsistent
with a construction which would ren
- der such removal unlawful, and that
the act is understood by the officers
charged with its execution as per
-nitting such' transportation is shown
by the provision of the regulations
o fthe bureau of internal revenue au
thorizing permits for the transporta
tion of liquor from permanent resi
dence of an owner to another in case
of his removal, although no sueli
transfer is in terms provided for by
the act."
The opinion pointed out, however
that internal revenue authorities un
doubtedly had administrative powei
to regulate the transfer of such liq.
uors so as to prevent their use ir
violation of the law.
An intention to confiscate privat(
properties, the opinion concluded
"even intoxicating liquors, will no
be raised by inference and construe
tion from provision of law whicl:
have ample field for their operatior
in effecting a purpose clearly indi.
cated and declared."
Judge McReynolds, concurring ii
the judgment of the court, dissente(
as to the reasonin gby which it was
reached.
"I think the Volstead act wa
properly interpreted by the court!
below," he said, "but to enforce il
as thus construed would result it
virtual confiscation of lawfully ac
quired liquors by preventing or un.
duly interfering with their consump
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tion by their owner. The 18th amend. I
a ment gave such power to congress.
- Manufacture, sale and tr nsaorta- r
tflin are the things prohied-not
personal use.
f Prohibition tnforcement efficials be.
- gan studying the decisior immediately
i after it -was read. The opinion was
- frankly expressed that mapy changes
r would have to be made' in the on
forcement regulations, Put pending
detaiied study of the efse and the
circumstances surrounding the liti
gation, no official statement was
forthcoming.
Opportunity for Fraud.
One effect of the decision foreseen
was the danger of increased oppor
tunity for fraud aniong persons seek
ing means of violating the law.
Without the check on transportation
provided by the permit system, offi
cials indicated that they expected
greater difficulty in controlling un
lawful sales.
A construction had not been
reached tonight as to whether the
court's interpretation opens the way
for unrestricted transportation in in
terstate commerce. That the trans
fer can be made within a btate ap
parently was specific, but the lan
guage of the court when analyzed
may yet show, officials thought,
means whereby interstate transpor
tation can be stopped. In the partic
ular case involved it was pointed out
the owner's legal residence and the
place of storage were within the
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Your druggist will supply you
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SUMTER, S. C. M,
IBUERM~mmm
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FURS
Just received, a large shipment of
Furs which we will put on sale
for the next ten days at
greatly reduced
prices for
cash.
Shaw & McCollum
Mercantile Company,.
SUMTER, S. C.
S- - - U- iclU~o5-W-W H 11 I M1 U 1
ime state, and, in fact, in the same
In connection wit hthe transporta
on of liquors, officials sah- that it
ould, be difficult, if not impossible,
>r them to determine the legality
' purchases and whether the stored
ocks had been obtained prior to
ie effective date of the Volstead act.
his was expected to result in more
;ringent regulation with respect to
ithdrawals of beverages from bond
I warehouses. , But the same regu
tion can not be made to apply to
dinary storage warehouses. Stored good
ocks, therefore, again are without
ke law to a great, degree, officials
lid, adding that they auiticipated its
)ecdy removal from such storage. - nAie! o
0 Absolute cleanliness and
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Trh t chidren lovge .a
NOTICE OF DISCHARGE sealed sanitary package.
I will apply to the Judge of Probate
>r Clarendon County, on the 18th da
r November, 1920, at eleven o'clock Satisfies the craving for
. M., for Letters of Discharge as
mmittee of Ela B. Lemaster, now de- sweet aids digestion, sweet
mased.
J. G. Senn, ens breath, allays thirst and
Committee.
Summerton, S. C., Oct. 18, 1920 pd
TATE OF SOUTH CAROLINA,
County of Cla ndon
COURT OF COMM N PLEAS
COUR OFCOMMN PEASC'sts little, benefits much.
SUMMONS FOR RELIEF.
(Complaint Served)
he First National Bank of Manning, still
Plaintiff,
against
arry Steinhardt, Ida Steinshardt, B.
Walker Holladay and L. H. Harvin,
Defendants. THE FLAVOR
o The Defendants above named:
YOU ARE HEREBY SUMMONED
rid required to answer the complaint
this'action, of which a copy is here
ith served upon you, and to serve a
)py of your answer to the said com
laint on the subscriber at his office
i Manning, South carolina, within
venty lays after the service thereof,
(clusive of the day of such service;
nd if you fail to answer the comp
iint within the time aforesaid, the
laintiff in this actIon will apply to
ic Court for the relief demanded in
ie complaint.
Dated November 2, A. D., 1920.
W. C. Davis,
Plaintiff's Attorney.
'0 TIlE DEFENDANT IDA STEIN
IIARDT:
YOU WILL TAKE NOTICE: That
he Summons and Complaint in the
bove entitled action was filed in the
flee of the Clerk of Court for Clar
ndon County on the third day of
4ovember, 1920, and is now on file in
aid office.
W. C. Davis,
Plaintiff's Attorney.
Nov. 3rda 1920 d e tis te i
swees~ais dgeston~seet