Charles Evans Hughes

“ The bill charged that the requirements of the state officers, purporting to act under state legislation, constituted an interference with interstate commerce in violation of the commerce clause of the Federal Constitution, and that the complaints were without remedy at law. ”

“ Section 3 of article 2 of chapter 60 provides that the manufacture and sale of 'liquors' by wholesale druggists and other dealers shall be under the supervision of the commissioner of prohibition and governed by the regulations he may from time to time prescribe. The commissioner's regulations place nonresident manufacturers in the category of 'wholesale dealers' and define the business of such dealers as 'that of selling at wholesale ethyl alcohol in any form * * * and wine as permitted and supervised by the Federal Government ”

“ The Constitution of West Virginia (Art. 6, § 46) prohibits 'the manufacture, sale and keeping for sale of malt, vinous or spirituous liquors, wine, porter, ale, beer or any intoxicating drink, mixture or preparation of like nature,' except 'such liquors for medicinal, pharmaceutical, mechanical, sacramental and scientific purposes' and 'denatured alcohol for industrial purposes,' dealings in which are permitted under legislative regulations. ”

“ Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment. Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.' See, also, Hebert v. ”

“ These dealers, it is provided, upon obtaining a permit from the state commissioner, may sell such liquors at wholesale for medicinal, pharmaceutical, scientific and mechanical purposes to persons holding permits to purchase. ”

“ That act did not attempt to establish a definition of intoxicating liquors. It expressly referred to the prohibitory laws of the states, the enforcement of which in was intended to aid. The Congress undoubtedly recognized, as this court had decided, that the state could prohibit the sale of liquor absolutely or conditionally. It could prohibt sale as a beverage and permit sale for medicinal and like purposes. It could prohibit sale by merchants and permit it by licensed druggists. Eberle v. Michigan, supra ”