Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-04-23
olsrlLLeaa oPeN FIonr.


V'vHt " 00oo SSNhS''
Chicago. April 23.-Liquor distillers
opened their fight against the national
prohibition amendment TO the consti-
tuition In Chicago yesterday. Follow
ing a session OF the distillers' stand
ing committee I'm the Congress hotel
Levy Mayer. their counsel, made pub
I've statement attacking the anne!
ment as uncomfortable.
The statement Is believed 10 indicate
the grounds upon which extensive liti-
cation win be>Sommenced in state
courts, directly the suit authorized by
the legislature of Rhode Island week
ago Is fled before the supreme court.
The statement says:
'"Thc proceedings of the committee
showed that referendum petitions had
already been filed, or were in circula-
ton and in process OF filing in the
following states: Ohio. Missouri, CALI
fornia, Washington, oregon. Nevada,
New Mexico. Nebraska. oklahoma, Ar
karsas, Colorado. Michigan, and
Maine. and that elections on the ref
erendum petitions would he held dur
ing different months OF the curreu,
year: that until the people in these
states Except Nevada voted on the
referendum the action OF the legisia-
lures that voted 10 ratify the pro
hihition amendment was suspended.
An opinion received from Levy
Mayer. chief counsel OF the committee
is in part as follows:
Section / OF the prohibition amend
msnt provides that:
AFTER one year from the rauH-
cation OF this article the manufacture,
sale, or transportation OF Intoxicating
liquors within. the Importation thereof
into. or the expectation thereof from
the United States and all territories
subject TO the jurisdiction thereof for
beverage purposes is hereby pro1!b-
ited."
In my opinion section ! OF the
amendment is not self-executing. and
until legislation has been enacted TO
enforce the amendment the latter will
have no effect and will be practically
dead letter. This view is supported
by a considerable number of decisions
OF the United States supreme court
and is confirmed by the very language
OF section > Of the amendment, which
expressly provides for its enforcement
by appropriate legislation.
d" Section Of the amendment pre-
scribes that congress and the several
states shall have concurrent power TO
enforce this article by appropriate leg
Station"
This language OF section . creates
serious and grave questions as 10
49, -.
enforcement. There are forty II
states. besides congress. which under
section are given concurrent power
TO enact appropriate legislation. II
congress and the forty eight states en-
act legislation that is not concurrent
that is, laws that are not ldentIcai-s
conflict will arise that may make the
enforcement OF the amendment impos-
sible.
II was long ago said by one Of the
judges of TIE United States Supreme
court in a formal opinion that:
"'-A concurrent power in TWO dis
tinct sovereignt!es 10 regulate the
same thing is as inconsistent in prin-
ciple as Il is impracticable in action.
II involves a moral and physical i'm
possibility"
=" 1t Is OF course impossible FOR
congress and The legislatures of forty
eight states 10 act jointly-that IS,
concurrently al the same time. The
congressional and legislative wills of
congress and the forty eigh; different
legislatures. If not exercised In the
same Identical way. will lead 10 'eonfu-
sion that is almost incomprehensible.
II congress acts one way and the leg
islatures Of one or more states in an
other way, irreconCila ble conflict may
arise. No state can, BY its legislation.
prescribe a rule for any other state.
such thing as the legislatures OF
tor1y-eight different states eRacting
legislation of the same Identical kind
character and extent is almost neon
ceiyahie. Furthermore. II any Of the
forty eight states acts in way differ
ent from that in which congress may
lcgislate. or if congress legislates first
and the states subsequently,, or II any
states legislaie first and congress
thereafter. and the provisions Sf such
legislation are not identical the con-
fllct 10 which ! have referred viii in
stantly arise.
In tho language Of the same Judge
Of the United states supreme court:
III the powers be equal. as must
be the case. Doth being sovereign, one
NAV undo what the other does. ana
this must be the result of their &C
ton
without now passing finally upon
the meaning Of section ? Of the amend
nent, point cut the obstacles ana
difficulties which lie in the way OF ap-
propr,ate legislation by the United
States and the forty eight states
,h;rh have concurrent power
obstacles that may in the end prove
insurmountable."