Gandy v. State

dissenting opinion.

MORROW, Presiding Judge.

That the State has power to forbid and penalize the possession or movement of intoxicating liquors in any quantity or in any manner is not questioned. That the Legislature may do so to any extent not obnoxious to Section 20, Article 16 of the State Constitution is conceded.

That it may not legalize that which the National Congress forbids does not imply that its prohibitory laws must be of the same scope or of the same nature as those of Congress. This was held in the decision of this court upholding the Act of the Legislature known as the Dean Law in…