State v. Doe

Citations

• 92 Kan. 212
• 139 P. 1169
• 1914 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — The Webb-Kenyon Act, Prohibiting the Shipping of Intoxicating Liquors into States for Use in Violation of La/w, is Constitutional and Valid. Under the act of congress of March 1, 1913, entitled “An act divesting intoxicating liquors of their interstate character in certain cases” (Part 1, 37 U. S. Statutes at Large, ch. 90, p. 699), ' intoxicating liquors are recognized as legitimate subjects of interstate commerce only when not intended for sale or use in violation of the laws of the destination state, and the fact that a carload of intoxicating liquor, seized in bulk ‘at the place in this state to which it was consigned, was still in course of transportation originating in another state did not protect the liquor from condemnation consequent upon a judicial determination regularly made that it was intended for unlawful use in Kansas.</p> <p>2. Same. The act referred to is constitutional as against the objection that it delegates to the states the power of congress to regulate interstate commerce in intoxicating liquors and that the rule prescribed is not uniform in its operation.</p>