State v. Missouri Pacific Railway Co.

Citations

• 96 Kan. 609
• 152 P. 777
• 1915 Kan. LEXIS 447

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — The “Webb-Kenyon Act” — Constitutional. The Webb-Kenyon act (Part 1, 37 U. S. Stat. at Large, ch. 90, p. 699). removing the interstate character and protection from intoxicating liquor shipped into a state for the purpose of use in violation of its laws, is a valid exercise of the commerce power vested in congress by the constitution.</p> <p>2. Same. In passing a bill by the senate upon reconsideration after a veto it is not essential that two-thirds of all the senators vote therefor but it is sufficient if two-thirds of a quorum support such bill.</p> <p>3. Same. The act in question is not void as a delegation of power over interstate commerce but is a legitimate exercise of such power.</p> <p>4. Same. The constitution was not framed and adopted for the-special protection of those who violate statutes but for the good of the entire citizenship, and is to be construed with due regard for inevitable changes in social conditions and the advancement made in respect to the health, morals and welfare of the people.</p> <p>5. Same. The spirit of the constitution does not oppose but favors congressional action which makes for the promotion of obedience to the laws of the several states.</p> <p>•6. Same — “Mahin Act”- — -Constitutional and Valid. The Mahin act (Laws 1913, eh. 248) is not void as an attempt to regulate interstate commerce, but, complementary to the Webb-Kenyon act, is a valid enactment concerning the bringing into the state of intoxicating liquor for unlawful use here.</p> <p>7. Same. The title of the act is sufficient.</p> <p>8. Same — Presumption that Bill-was Bead by Sections. The senate journal does not affirmatively show that the bill was not read by sections on its final passage and the presumption is that the requirements of section 15 of article 2 of the constitution were observed.</p> <p>9. Same — Filing of Statements by Consignee with County Clerk. The requirements concerning statements in