Baptist and Reflector from Nashville, Tennessee • 8

EIGHT BAPTIST AND REFLECTOR JANUARY 18, 1917 sessed, sold or in any manner used' in violation of the laws of the State. As this conclusion causes every prohibition of the West Virginia law to be embraced and come under the right conferred by Congress by the Webb-Kenyon Act, it is decided that the West Virginia law was not in conflict with the commerce clause of the Constitution and the power of Congress to regulate commerce it Congress had power to enact the Webb-Kenyon law. ThirdDisposing of that question, it is decided that Congress has the power under the Constitution to adopt the Webb-Kenyon law, whether considered from the point of view of original reasoning or in the light of the previous legislation by Congress and the decisions of the court holding that legislation valid. It is 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 the prohibitions of the law of the State into which the liquoris shipped. In other words, it is decided that since the enactment of the Webb-Kenyon law the channels of interstate commerce may not be used to convey liquor into a State against the prohibitions of its laws or to use interstate commerce as the basis for a right to receive, possess, sell or in any manner use liquor contrary to the state prohibition." This is what is termed, we believe, in sporting circles a knockout blow for John Barleycorna blow as complete and crushing in its effects as that given John L.

Sullivan by Fitzsimmonswas that his years ago. It knocks the last prop from under the liquor traffic in dry States. Driven from twenty-five States by Statewide prohibition laws, and from three-fourths of large losses in our net income incurred by the in- itorl ci a creases cost of paper and the elimination of med- ical and Coca-Cola advertisements At any rate, in the face of the experience of As announced, we have made a new advertising these other papers, and despite the present high contract with Jacobs under which all med- prices of print paper and of everything Ise, we ical and Coca-Cola advertisements will be elim- have decided upon the elimination of such adverAnated from the columns of the Baptist and Re- tisements as soon as the present contracts for ilector. The advertisements of that character now them expire, and we hope that shall not be in the paper are in fulfillment of con- driven by dire necessity, as other papers have been, tracts for their publication previously made in to accept them again. good faith by Jacobs Co.

Most of them will run Let us suggest that these brethren who have for only a short while, some for a longer time. said that they would not subscribe far the Baptist But Just as soon as the contracts expire, the adver- and Reflector because of these aJvertisements now tisements will be discontinued. There will be have the opportunity to show their faith by their fewer and fewer of them as the weeks go by until works and to translate their wortls into actions, all are gone. II as we expect them to do. With reference to Jacobs let us say, that theyas the old name of the firm, Religious Press Advertising Syndicate, implicdmake a specialty A NEW ADVERTISING CONTRACT.

of securing advertisements for the religious pa-For some years we have had a contract with pers, particularly of the South. Starting about Jacobs formerly known as the Religious seventeen years ago without they now Press Advertising Syndicate, of Clinton, S. by have a complete advertising establishment--the which they have bad control, of our advertising roost complete, they claim, of any advertising es-columns, as they, in fact, control the advertising tablishment of the kind in the country, with a columns to a greater or less extent of most of the handsome new building adapted-to their purposes, religious papers in the South. This contract will an adequate equipment, including photo-engraving expire February 1, 1917. For some weeks we and printing plants, in fact everything netesaary have been in correspondence with them with a for advertising purposes.

They travel nine men view to making a new contract eliminating medsoliciting advertising for the religious papers. icztl and Coca-Cola advertising. Our telegram to To Mr. J. F.

Jacobs personally are indebted them dated January 1, 1917, and published in the for many courtesies and for cordial hospitality Baptist and Reflector of January 4, to the effect while in Clinton. that we would accept no more medical or Coca-, Cola advertisements was an outgrowth and an tin- JOHN BARLEYCORN KNOCKED OUT portant part of this correspondence. Finding it By a vote of 7 to 2. Justices Holmes and Van- difficult to agree upon the terms of a new con- devanter dissenting, the Supreme Court of the tract, on the invitation of Mr. J.

F. Jacobs, we United States at Washington on January 8 upheld ran down to Clinton last week to talk over the the Webb-Kenyon interstate liquor shipment law matter with him. When we got face to face, we as constitutional and also sustained West Vir- soon came to an agreement. ginia's amendment to its own law, prohibiting citiUnderthe new contract, which goes into effect zens from receiving liquor' in interstate commerce February 1, 1917, we will have more direct con-for personal use. The decision is one of the most trol of our advertising columns, Jacobs Co.

pay-important victories ever won by the temperance ing us by the space used, instead of so much a forces. Leaders among the "drys" say the decimonth. Under that contract all medical and Coca- under obligations to All 'Cola advertisements will be eliminated. We are i 'out the unexpired con- sion is second in importance to the proposed con- stitutional amendment. The Webb-Kenyon law Was vetoed by President Taft when passed, he tracts made in good faith by Jacobs Co.

But declaring it to be unconstitutional. Congress then just as soon as the present contracts for medical passed it over the presidential veto by a two-thirds and Coca-Cola advertisements expire they will be majority. discontinued. The representatives of Jacobs Co. The following is an official digest of the major-have been instructed to solicit no more such ad- 'ity opinion in the Webb-Kenyon decision, pre.vertisemente for the Baptist and Reflector.

pared by the court. is worth preserving In full: We stated recently that the elimination of these "FirstThat the West Virginia law, beside pro- advertisements would involve a loss to us of from hibiting the manufacture and sale of intoxicants $900 to $1,800 a year. We estimate that under except as to that which is permitted for medical, the new contract it will probably involve a loss sacramental and manufacturing purposes, also for-of about $1,200, at least until other advertise- bids all transportation of liquor and all receipt ments to take their place can be developed, which and possession of liquor transported in the State, Is not an easy matter and will require time This, whether originating in or outside of the State, and -added to the increased cost of paper, will mean a although it does not prohibit personal use, puts net loss to us of about $2,400 a year serious restrictions upon the power to obtain for To make up for this loss we are counting on such use two thingsadvertising from our denominational The court holds that in view of the well-estab, institutions, Boards, churches, and especially litbed police authority of the State over intoxia large increase in our subscription list. A num- cants there is no reason to think that this law ber of brethren have objected to the medical and was in any wise repugnant to the due process Coca-Cola advertisements in the paper. We have clause of the fourteenth amendment to the Con-explained that they were needed to enable us to stitution of the United States.

It, however, de-meet They said if these were eliminated cides that unless the State authority has an ex-we would get enough additional subscribers to ceptional application to shipments of interstate make up for the loss incurred by eliminating them commerce as the result of the ect of Congress We confess we have doubted It The Religious known as the Webb-Kenyon law the provisions of Herald, the Baptist Courier, the Christian Index, the State law restricting' shipments of intoxicants and others of our Baptist papers and some of into the State from other States would be uncon ocher denominations tried the experiment, got no stitutional because interfering with the power of new subscribers, lost a good deal of money, and Congress to regulate commerce among the States, as matter of 'self-protection had to accept such and consequently would be a direct burden upon advertisements We hope that will not be such commerce. the case with the Baptist and We are per- SecondConsidering the Webb-Kenyon Act, the euaded better things of the Baptists of Tennessee court holds that there is no foundation for the and things that will accompany a largely increased contention that the act only applies to shipments subscription list. So far, we are glad to report, the from one State into another for a use prohibited responses to our appeals have been very gratify- by the State to which the liquor is shipped. On lug. If the brethren Will only not become weary the contrary, it is decided that the Webb-Kenyon in well doing along this line, in due season we Act, to use the words of the Act, applies to ship-shall reap a sufficient amount to make up for the ments of liquor 'intended to be received, pos JOHN BARLEYCORN KNOCKED OUT.

By a vote of 7 to 2 Justices Holmes and Van- devanter dissenting, the Supreme Court of the United States at Washington on January 8 upheld the Webb-Kenyon interstate liquor shipment law as constitutional and also sustained West Vir- amendment to its own law, prohibiting citi- zens from receiving liquor in interstate commerce for personal use. The decision Is one of the most Important victories ever won by the temperance forces. Leaders among the "drys" say the deci- is second id importance to the proposed con- stitutional amendment. The Webb-Kenyon law was vetoed by President Taft when passed, he declaring it to be unconstitutional. Congress then passed it over the presidential veto by a two-thirds The following is an official digest of the major- opinion in the Webb-Kenyon decision, pre- by the court.

'It is worth preserving In full: "FirstThat the West Virginia law, beside pro- the manufacture and sale of intoxicants except as to that which is permitted for medical, sacramental and manufacturing purposes, also for- bids all transportation of liquor and all receipt and possession of liquor transported in the State, whether originating in or outside of the State, and although it does not prohibit personal use, puts serious restrictions upon the power to obtain for such use. The court holds that in view of the well-estab- litbed police authority of the State over intoxi- there is no reason to think that this law was in any wise repugnant to the due process of the fourteenth amendment to the Con- stitution of the United States. It, however, de- cides that unless the State authority has an ex- ceptional application to shipments of interstate commerce as the result of the act of Congress known as the Webb-Kenyon law the provisions of the State law, restricting shipments of Intoxicants Into the State from other States would be uncon- stitutional because interfering with the power of Congress to regulate commerce among the States, and consequently would be a direct burden upon such commerce. SecondConsidering the Webb-Kenyon Act, the court holds that there is no foundation for the contention that the act only applies to shipments from one State into another for a use prohibited by the State to which the liquor is shipped; On the contrary, it is decided that the Act, to use the words of the Act, applies to ship- ments of liquor 'intended to be received, pos- the territory of the United States by State-wide and local option laws, it had taken refuge under the protection of interstate commerce and would ship liquor from wet States into dry territory. Now by the aid of this 16-inch gun of the U.

S. Supreme Court the temperance forces have capginia's tured the last stronghold of the liquor men. They have taken 203-meter hill. Port Arthur must soon fall. They have got through Verdun ad are well on the way to Paris.

To come nearer home, they have won.Cettysburg anti are on the way to Richsion mondonly Richmond, in this case, is Washington The cry now is "On to 'Washington." The next and practically the last attack of the temperance forces will be along the line of an amendment to the Constitution of the United States forever pro-majority. hibiting the manufacture, sale, importation. portation of intoxicating liquors for beverage purity poses. This will probably pass this session of Con-pared gress, will be ratified by three-fourths of the States of the Union, will be declared constituhibiting tional by the Supreme Court, and then we shall have a saloonless nation, a stainless flag. It sounds most too good to be true.

meeting of the National Anti-Saloon League in St. Imuls in November, 1906, wet beard Dr. E. S. Chapman.

Superintendent of the Anti-Saloon League of Southern California, deliver a very remarkable ad dress on the subject, "A Stainless Flag." In that al dress he predicted that it would not be many years before we should have national prohibition, which be said would be brought about by a decision of the Su-cants preme Court of the United States declaring the llquor traffic as essentially an evil and as such must be sup-clause pressed, and then we should have a "stainless flag." The address was so enthusiastically receivetl that the Convention orderett'a million copies of it printed. It also adopted what was called "Stainless Flag" day on which day temperance rallies were held all over the country. It looks as It Dr. Clial)Mall was a true Prophet and that his prophecy may be realized even sooner than be expected. A EDITOR'S HOME INVADED "We issue a brotherly challenge to our brethren editors In other States to produce the record of just such an experience as came to us on the of January 1917 busily en- were gaged in reading proof, when a dozen or a score of automobiles stopped before our home, and at least fifty people debouched from these modern carriers of comfort and 'made a rush for our front doorcame boldly in without knocking, each one with an armful of blessing, which the I bad the territory of the United States by State-wide and local option laws, it had taken refuge under the protection of interstate commerce and would ship liquor from wet States into dry territory.

Now by the aid of this 16-inch gun of the U. S. Supreme Court the temperance forces have captured the last stronghold of the liquor men. They have taken 203-meter hill. Port Arthur must soon fall.

They have got through Verdun ad are well on the way to Paris. To come nearer home, they have won.Gettysburg anti are on the way to Richmondonly Richmond, in this case, is Washintgton. The cry now is "On to 'Washington." The next and practically the last attack of the temperance forces will be along the line of an amendment to the Constitution of the United State3 forever prohibiting the manufacture, sale, importation, exportation of intoxicating liquors for beverage purposes. This will probably pass this session of Congress, will be ratified by three-fourths of the States of the Union, will be declared constitutional by the Supreme Court, and then we shall have a saloonless nation, a stainless flag. It sounds most too good to be true.

At meeting of the National Anti-Saloon League In St. Louis in November, 1900, wet heard Dr. E. S. Chapman.

Superintendent of the Anti-Saloon League of Southern California, deliver a very remarkable ad.