Carter v. Virginia, 321 U.S. 131 (1944)

Carter v. Virginia


Argued January 6, 1944
Decided January 31, 1944 *
321 U.S. 131

APPEAL FROM THE SUPREME COURT OF APPEALS OF VIRGINIA

Syllabus

1. Regulations by a the transportation of intoxicating liquor through the State in interstate commerce, requiring (1) that the vehicle use the most direct route and carry a bill of lading describing the route; (2) that the carrier post a $1,000 bond conditioned on lawful transportation, and (3) that the true consignee be named in the bill of lading and be one who has a legal right to receive the shipment at destination, held within the power of the State, independently of the Twenty-First Amendment, and not (absent conflicting federal regulation) in contravention of the Commerce Clause. P. 137.

2. As no procedural due process point was raised, the state court’s conclusion that, under the applicable state procedure, only the bondsman, who was not a party to the present proceeding, had standing to object to the cancellation of a bond given pursuant to the regulations, is accepted here. P. 136.

3. The power of the State Board to cancel a bond given pursuant to the regulations because of doubt of the responsibility of the bondsman does not constitute an undue burden on interstate commerce. P. 136.

181 Va. 306, 313, 24 S.E. & 550, 569, affirmed.

Appeals from convictions for violation of state regulations relating to the transportation of intoxicating liquors.