79 Pa. Super. 277 | Pa. Super. Ct. | 1922
Opinion by
The defendant was indicted for transporting and having in his possession intoxicating liquor in violation of the provisions of the 20th and 21st sections of the Act of May 5,1921, P. L. 407, known as the Woner Act and was found guilty. It is claimed that the act is unconstitutional and that there is no valid law of the Commonwealth that makes any of the acts charged in the bill, indictable offenses.
The first attack on the act is that it violates article II, section 1 of the Constitution. As that article merely relates to the routine of legislation and is not within the purview of judicial inquiry, Kilgore v. Magee, 85 Pa. 401, 412, we need not give any further attention to this proposition.
The next is that it operates against section 6, article III, of the Constitution, which provides that “No law shall be revived, amended or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred shall be reenacted and published at length.” It is to this article of the Constitution that the argument is principally directed and if there be any difficulty in the decision of the question before us, it is found here.
The Eighteenth Amendment to the Federal Constitution prohibits the manufacture, sale or transportation of intoxicating liquors for beverage purposes and declares that Congress and the several states shall have concurrent power to enforce the article by appropriate legislation. The United States Supreme Court, in National
The Act of 13th May, 1887, P. L. 108, called the Brooks License Law, so far as its provisions were not repugnant to the national law, remained and was appropriate legislation : Commonwealth of Pennsylvania v. Vigliotti et al., Supreme Ct. U. S., April 10, 1922, 271 Pa. 10; 75 Pa. Superior Ct. 366. The legislature of this State, apparently wishing to cooperate with the government in the enforcement of prohibition passed the Woner Act in which, prohibiting the sale of liquors contrary to the laws of the United States, the right to license the sale of liquors, not prohibited by the Volstead Act, was retained. It licenses the sale of liquors which have an alcoholic content of less than one-half of one per cent, the amount declared by Congress to be intoxicating. It is an amendment to the Brooks Act and contains the following: “Section 1. Be it enacted, etc. That the phrase ‘vinous, spirituous, malt or brewed liquors’ the phrase ‘spirituous, vinous, malt or brewed liquors,’ and the word ‘liquors’ as used in this act, shall mean vinous, spirituous, malt or brewed liquors fit for beverage purposes, other than such as are, from time to time, determined and found to be intoxicating by the act of Congress passed pursuant to, and in enforcement of, the Constitution of the United States of America.”
The phrase “intoxicating liquors” shall mean anything found and determined, from time to time, to be intoxicating by the act of Congress passed pursuant to, and in the enforcement of, the Constitution of the United States
The next inquiry is, does the act violate article III, section 3 of the Constitution of Pennsylvania which provides that no bill except general appropriation bills shall be passed containing more than one subject which shall be clearly expressed in its title. The title of the Woner Act reads as follows: “Amending an act, approved the thirteenth day of May, one thousand eight hundred and eighty-seven entitled ‘an act to restrain and regulate the sale of vinous and spirituous, malt or brewed liquors, or any admixture thereof’ by prohibiting the manufacture, sale, offering for sale, transportation, importation, exportation, furnishing, or possession, for beverage purposes, of anything determined and found to be intoxicating by act of Congress passed pursuant to, and in the enforcement of, the Constitution of the United States of America; and by restraining and regulating the sale of vinous, spirituous, malt or brewed liquors, or any admixtures thereof, fit for beverage purposes, other than such as are, from time to time, determined and found to be intoxicating by any such act of Congress.” We think this requires little attention. The general subject of the act is liquors, it enforces their regulation and their pro
Tbe last objection is that tbe Woner Law is special legislation and that it changes rules of evidence in a judicial proceeding. Liquor has been recognized as a special subject of legislation for many years and tbe provisions that its possession should imply that it was used for beverage purposes, does not offend against article III, section 7, of tbe Constitution. It does change tbe rules of evidence but it is not a special law for it operates upon all of a class and tbe making of a separate class of those manufacturing, selling and using liquors is justifiable and is well recognized in tbe law.
Tbe judgment of tbe court below is affirmed and tbe record remitted and it is ordered that tbe defendant appear in tbe court below at such time as be may be there called and that be be by that court committed until be has complied with tbe sentence or any part of it which bad not been performed when tbe appeal in this case was made a supersedeas.