Stanley Forman Reed

“ Whatever limited force the Commerce Clause may retain with regard to the liquor traffic, it should not require the invalidation of the Virginia statutes here involved, which do not conflict with any Act of Congress, and which are designed to enforce local liquor policies. Virginia seems to think that, unless adequate precautionary regulations are devised and enforced, liquor shipments ostensibly being transported through her territory to a neighboring state could be diverted for bootleg purposes contrary to her laws. ”

“ Thus the requirement that the bond be signed by a responsible person appears to raise the same type of question as the requirement that delivery be lawful at the place of consignment, and the two may be considered together. Of the latter rule, the Virginia court said,
'We cannot escape the conclusion that one who deliberately and intentionally violates the Federal Constitution and the law of his resident State, in the unlawful transportation of liquor would hardly hesitate to violate the laws of this State while passing through if he thought he might profit thereby. ”

“ The commerce power of Congress is not invaded by such police regulations as Virginia has here enforced.
The state of transit may compel the carrier to furnish information necessary for checking the shipment against unlawful diversion, and the requirement that the truck follow a direct, stated route is within the rule of Duckworth v. Arkansas, supra. Similarly, a state may require a reasonable bond of one who wishes to engage in interstate trade of a kind dangerous to well-recognized local interests. People of State of California v. ”

“ We are therefore dealing with a case in which Virginia is attempting no more than the enforcement of her own laws; she is not seeking to inflict punishment for the violation of the laws of North Carolina. Whether or not she is entitled thus to enforce her laws must be judged in the light of our long-standing recognition of the exceptional problems involved in successfully regulating trade in intoxicating liquors. ”

“ The Act in question contains a comprehensive scheme for the control of trade in alcoholic beverages within the territory of Virginia. By the statute an Alcoholic Beverage Control Board is established and authorized to adopt such regulations 'as it may deem necessary' to confine the transportation of liquor 'to legitimate purposes.' [3] The A.B.C. Board promulgated regulations applicable to transportation through Virginia. [4] The requirements here in issue are these: (1) The vehicle must use the most direct route and carry a bill of lading showing the route it will travel ”

“ By her ruling she has imposed no substantial clog on whatever cognate rights her sister states may have to determine their own policies regarding intoxicating liquors and to receive alcoholic beverages in interstate commerce, if they so desire. ”

“ In re Rahrer, 140 U.S. 545, 11 S.Ct. 865, 35 L.Ed. 572; Vance v. W. A. Vandercook Company (No. 1) , 170 U.S. 438, 18 S.Ct. 674, 42 L.Ed. 1100; Rhodes v. Iowa, 170 U.S. 412, 18 S.Ct. 664, 42 L.Ed. 1088. All of these decisions are still on the books. ”