The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1919-02-13
THE PROHIBITION AMENDMENT


The opponents of National prohibition
have walked up too late. National pro-
hibition is an accomplished fact The
Constitution of the United States now
prohibits the manufacture, sale, trans
portation, importation into and eXporta-
ton from the United States of intoxicat-
ing liquors for beverage purposes. The
suggestion that some of the State Legis-
latures may change their minds and re-
verse their resolutions indorsing this
amendment need not be taken seriously
The only way in which those who desire
can take this prohibition out of the Con-
stitution is by pursuing the same process
which put this prohibition into the Con-
stitution. 1t is conceivable that a Legis-
lature which had adopted the Amend
ment might reverse that adoption before
the Amendment had been accepted by the
necessary number of states, but it is not
probable that, having adopted the
Amendment in common with the other
states, it could neutralize their action by
subsequently reversing its own.
But, as we said last week, the Consti-
tition does not and cannot enforce itself
The power which the Amendment confers
upon Congress and the States must be ex-
ercised either by Congress or by the
States, or the liquor traffic will go on as
heretofore. There are certain rather diff
cult problems to be solved before this
Prohibition Amendment to the ConStitu-
ton will become an effective prohibition
throughout the nation.
The Amendment gives to Congress and
the several states concurrent power to
enforce this article by appropriate legis-
lation" This cannot mean that the legis-
lation of the States and of Congress must
would be to deprive the States of power
which they before possessed. Concur
rent jurisdiction" is defined by the Cen
fury dictionary as jurisdiction possess
ed equally by two courts, and, if exercis-
ed by one, not usually assumed by the
other" This is unquestionably the mean
ing of the phrase concurrent power" in
the new Amendment to the Federal Con-
stitution And the traditions of the coun-
try and the past decisions of the courts
indicate that if the Federal Government
and the States both exercise this power
the legislation of the Federal Govern
ment will supercede that of the several
states if they conflict If, for example,
Congress undertakes to give definition
of the phrase Intoxicating liquors." this
definition ought to be, and probably will
be, accepted by all the courts, State and
Federal, in the United States.
What are Intoxicating liquors.?
Blacks Law Dictionary answers this
question in the following terms, and
number of cases in different States are
cited by the editor in support of this def
inition:
Any liquor intended for use as
beverage or capable of being so
used, which contains alcohol, eth
err obtained by fermentation or by
the additional process of distilla-
ton, in such proportion that it will
produce intoxication when imbibl-
ed in such quantities as may prac-
tically be drunk.
But this definition, though adequate
for our purpose here, is not authorita-
tive as to either Congress or the State
Legislatures.
There are four ways in which practic-
ally definition of this somewhat ambig-
uous phrase may be obtained. 1t may be
defined by Act of Congress, by the act of
q State Legislature, or by the courts, or
it may be left to be determined by the
jury in any case in which person is ac-
cused and ON trial for selling intoxicating
liquors. 1t is to be hoped that it will not
be left to be determined by the State Leg
islatures or the courts; that Congress will