Carter v. Virginia
Carter v. Virginia
Opinion of the Court
delivered the opinion of the Court.
The appellants were convicted of violations of the Virginia Alcoholic Beverage Control Act
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.”
Both cases reached the Virginia Supreme Court on stipulated facts. In No. 134, it was agreed that Carter and Macemore received 168 gallons of whiskey from a wholesaler in Maryland for transportation to an individual consignee in Thomasville, North Carolina. The appellants were apprehended in Rappahannock County, Virginia, while carrying the whiskey by truck. The appellants themselves did not post a bond, and a bond which was posted by the registered owner of the truck was cancelled because he was reputed to be a bootlegger. Their bill of lading did not show the route to be traversed through Virginia, and the intended delivery to the consignee was forbidden by the laws of North Carolina.
The facts stipulated in No. 198 are similar. Dickerson was arrested in Prince William County, Virginia, while driving a truck carrying more than one gallon of alcoholic beverages. He was traveling by the most direct route from Maryland to his employer-consignee, Page, in North Carolina. Page had posted the required bond, but the bill of lading did not show the route to be traveled, and Page was forbidden by the laws of North Carolina to accept delivery there.
All the individuals involved in the two cases were residents of North Carolina.
The appellants argue, first, that the Twenty-first Amendment gives Virginia no power to prohibit absolutely the shipment of liquor from Maryland to North Carolina through Virginia; second, that its power to regulate such shipments is limited by the Commerce Clause to regulations reasonably necessary to enforce its local liquor laws and not unduly burdensome on interstate commerce; third, that Virginia has no authority to penalize prospective violations of the criminal laws of North Carolina or
We have recognized that the several states in the absence of federal legislation may require regulatory licenses for through shipments of liquor in order to guard against violations of their own laws. Duckworth v. Arkansas, 314 U. S. 390. Thus this Court has extended to this very field its recognition that regulation of interstate commerce by local authority in the absence of Congressional action is admissible to protect the state from injuries arising from that commerce. California v. Thompson, 313 U. S. 109, 113, 115, and cases cited; Clark v. Paul Gray, Inc., 306 U. S. 583, 591; Morf v. Bingaman, 298 U. S. 407, 410; Clyde Mallory Lines v. Alabama, 296 U. S. 261, 267. 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 Duck-
The state court did not pass upon the legality under state or federal law of the cancellation of the bond in No. 134, since it concluded that only the bondsman, who was not a party to the proceeding, had standing to object under applicable state procedure. As no procedural due process point is raised, we accept its conclusion without further examination. United Gas Co. v. Texas, 303 U. S. 123, 139. It is urged, however, that the Board’s power to cancel a bond because of doubts as to the trustworthiness ■of the bondsman amounts to an undue burden on interstate commerce.
The bond is to be furnished, according to § 42 of the Regulations, by the person transporting the liquor. 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 it if he thought he might profit thereby. We cannot shut our eyes to the possibilities of such a situation and the necessity of prevention.”
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
For these reasons the judgment is
Affirmed.
Me. Justice Jackson concurs in the result only, for the reasons stated in his separate opinion in Duckworth v. Arkansas, 314 U. S. 390.
Michie’s Virginia Code (1942) § 4675.
Regulations of the Virginia Alcoholic Beverage Control Board, §§ 42, 44.
Virginia Code, §4675 (49a). “Transportation; transportation permits; penalties.—The transportation of alcoholic beverages, other than wine and beer purchased from persons licensed to sell same in this State, and those alcoholic beverages which may be manufactured and sold without any license under the provisions of this act, within, into or through the State of Virginia in quantities in excess of one gallon is prohibited except in accordance with regulations adopted by the Virginia Alcoholic Beverage Control Board pursuant to this section.
“The board may adopt such regulations governing the transportation of alcoholic beverages, other than wine and beer purchased from persons licensed to sell same in this State and those alcoholic beverages which may be manufactured and sold without any license under the provisions of this act, within, into or through Virginia in quantities in excess of one gallon as it may deem necessary to confine such transportation to legitimate purposes and may issue transportation permits in accordance with such regulations. . .
Section 42 of the Regulations provides: “Before any person shall transport any alcoholic beverages within, into, or through the State of Virginia, such person shall post with the Virginia Alcoholic Beverage Control Board a bond with approved surety, payable to the Commonwealth of Virginia, in the penalty of One Thousand Dollars, upon condition that such person will not unlawfully transport and/or deliver any alcoholic beverages within,, into, or through the State of Virginia, and evidence that the required bond has been posted shall accompany the alcoholic beverages at all times during transportation. . . .”
Section 44 reads as follows: “Where alcoholic beverages are desired to be transported within, into, or through the State of Virginia (except those instances mentioned in Sections 42 and 43 of these Regulations), such transportation shall be engaged in only when in accordance with the provisions of these regulations:
“(a) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; the route to be traveled by such vehicle while in Virginia and such route must be the most direct route from the consignor’s place of business to the place of business of the consignee.
“(b) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment.
“(c) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported and who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has a legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment.”
Duckworth v. Arkansas, 314 U. S. 390, 392-3.
See State Board v. Young’s Market Co., 299 U. S. 59; Mahoney v. Joseph Triner Corp., 304 U. S. 401; Indianapolis Brewing Co. v. Liquor Commission, 305 U. S. 391; Joseph S. Finch & Co. v. McKittrick, 305 U. S. 395.
State Board v. Young’s Market Co., 299 U. S. 59; Indianapolis Brewing Co. v. Liquor Commission, 305 U. S. 391.
Twenty-first Amendment, § 2; 27 U. S. C. § 122.
Concurring Opinion
concurring:
1. After as thorough a consideration as it ever gave to a problem, this Court, in a long series of cases beginning with Bowman v. Chicago & North Western Ry. Co., 125 U. S. 465, decided that intoxicating liquor is a legitimate subject of commerce, as much so as cabbages and candlesticks, and as such within the protection of the Commerce Clause. In the absence of regulation by Congress, the movement of intoxicants in interstate commerce like that of all other merchantable goods was “free from all.state control.” Clark Distilling Co. v. Western Maryland Ry. Co., 242 U. S. 311, 323, 327, citing Leisy v. Hardin, 135 U. S. 100; In re Rahrer, 140 U. S. 545; Vance v. Vandercook Company (No. 1), 170 U. S. 438; Rhodes v. Iowa, 170 U. S. 412. All of these decisions are still on the books. And so, before the Twenty-first Amendment displaced the Eighteenth, Mr. Justice Holmes was able to say: “I cannot for a moment believe that apart from the Eight
2. If then the Commerce Clause be the measure of State action, such a requirement as the posting of a bond for transportation of goods from without Virginia would be beyond Virginia’s powers even if the shipment of the liquor were for delivery into Virginia. Heyman v. Southern Ry. Co., 203 U. S. 270; Adams Express Co. v. Kentucky, 206 U. S. 129. Cases like California v. Thompson, 313 U. S. 109, which recognize the power of States to regulate local activities by taxation or otherwise related even though they be to interstate commerce, but none of which was concerned with restricting the through-passage of goods, liquor or any other, afford no basis for suggesting that a State has power to license the movement of goods in interstate commerce on oppressive or prohibitive terms. A fortiori, the Commerce Clause would prohibit and not permit such legislation as is before us in the case of liquor arriving in Virginia for ultimate delivery without. Heyman v. Hays, 236 U. S. 178.
3. In the light of the uniform current of decisions under the Commerce Clause prior to the Twenty-first Amendment, the Virginia legislation could not survive as to shipments bound beyond its borders. If the legislation is valid, as I believe it to be, it must be solely because the range of State control over liquor has been extended by the Twenty-first Amendment beyond the permissive bounds of the Commerce Clause.
4. The legislation is sustainable under the Twenty-first Amendment on one of two considerations. It is a notorious fact that State prohibition laws were to no small measure evaded by illicit diversion of liquor claimed to be transported through a State. Since we are dealing with
5. In the alternative, since Virginia has power to prohibit the importation of liquor within that Commonwealth, it may effectuate that purpose by measures
6. It is now suggested that a State must keep within “the limits of reasonable necessity” and that this Court must judge whether or not Virginia has adopted “regulations reasonably necessary to enforce its local liquor laws.” Such canons of adjudication open wide the door of conflict and confusion which have in the past characterized the liquor controversies in this Court and in no small measure formed part of the unedifying history which led first to the Eighteenth and then to the Twenty-first Amendment.
7. Less than six years ago this Court rejected the impossible task of deciding, instead of leaving it for legislatures to decide, what constitutes a “reasonable regulation” of the liquor traffic, The issue was fairly presented in Mo-
“We are asked to limit the power conferred by the Amendment so that only those importations may be forbidden which, in the opinion of the Court, violate a reasonable regulation of the liquor traffic. To do so would, as stated in the Young’s Market case, [299 U. S. 59] p. 62, ‘involve not a construction of the Amendment, but a rewriting of it.’ ” 304 U. S. at 404.
Therefore if a State, in aid of its powers of prohibition, may regulate, without let or hindrance by courts regarding the “reasonableness” of a regulation, it may do so whether the liquor is openly consigned for consumption within it or intended for consumption there although, by subterfuge too difficult to check, nominally destined elsewhere.
8. Fuller consideration has therefore convinced me that the power exercised by the State in Duckworth v. Arkansas, 314 U. S. 390, as well as in this case must rest on the authority given to the States by the Twenty-first Amendment. And since Virginia derives the power to legislate as she did from the Twenty-first Amendment, the Commerce Clause does not come into play. So this Court has twice ruled. “Since the Twenty-first Amendment, as held in the Young case [299 U. S. 59], the right of a state to prohibit or regulate the importation of intoxicating liquor is not limited by the commerce clause.” Indianapolis Brewing Co. v. Liquor Commission, 305 U. S. 391, 394; see also Finch & Co. v. McKittrick, 305 U. S. 395, 398.
Concurring Opinion
concurring:
I am not sure that state statutes regulating intoxicating liquor should ever be invalidated by this Court under the Commerce Clause except where they conflict with valid federal statutes. Cf. dissenting opinions, McCarroll v. Dixie Greyhound Lines, 309 U. S. 176, 183; Gwin, White & Prince v. Henneford, 305 U. S. 434, 442; Adams Manufacturing Co. v. Storen, 304 U. S. 307, 316. The Twenty-first Amendment has placed liquor in a category different from that of other articles of commerce. Though the precise amount of power it has left in Congress to regulate liquor under the Commerce Clause has not been marked out by decisions, this much is settled: local, not national, regulation of the liquor traffic is now the general Constitutional policy. Ziffrin, Inc. v. Beeves, 308 U. S. 132; Indianapolis Brewing Co. v. Liquor Control Comm’n, 305 U. S. 391; State Board of Equalisation v. Young’s Market Co., 299 U. S. 59.
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,
Reference
- Full Case Name
- CARTER Et Al. v. VIRGINIA
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- 116 cases
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- Published