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  5. 242 U.S. 311 (1917)
 

CLARK DISTILLING CO. v. WEST'N MD. RY. CO.

Nos. 75, 76.

242 U.S. 311 (1917)

CLARK DISTILLING COMPANY v. WESTERN MARYLAND RAILWAY COMPANY AND STATE OF WEST VIRGINIA. CLARK DISTILLING COMPANY v. AMERICAN EXPRESS COMPANY AND STATE OF WEST VIRGINIA.

Supreme Court of United States.

Restored for reargument November 1, 1915.

reargued November 8, 9, 1916.

Decided January 8, 1917.

Attorney(s) appearing for the Case

Mr. Lawrence Maxwell, with whom Mr. Joseph S. Graydon, Mr. Walter C. Capper and Mr. J. Phillip Roman were on the briefs, for appellant.

Mr. W.B. Wheeler and Mr. Fred O. Blue for the State of West Virginia.

Restored to docket for reargument November 1, 1915.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

To refer to the principal state law relating to these suits, to the pleadings and the decision of the court below, will make the issues in these cases clear and point directly to the elements required to be considered in deciding them.

West Virginia in February, 1913, enacted a prohibition

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