Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-12-16
Supreme Court Votes Dry

Yesterdays decision by the Su-
prcme Court that the war time prohi-
bition act is constitutional simply
means, for the present, that there can
be no revival of the liquor traffic pend
ing the proclamation of peace. If,
meanwhile. there is no such prOclama-
ton, through treaty ratification or by
presidential action. war time prohibi-
ton will lapse into prohibition undeS
the federal amendment month hence.
This decision does not finally dis
pose Of all the pending questions rela>
tive to the liquor traffic upon which
the Supreme Court must pass. 1t has
yet to decide upon the constitutional
ity of the Volstead act, providing
means for the enforcement of both
wartime and federal prohibition. 1t
has also to pass upon questions affect
ing the validity of the ratification of
the amendments which are in process
of submission.
The questions considered by the
court in the case just disposed of do
not bear directly upon those that are
still to come. In the case of the en-
forcement act there is involved q Sc
ries of issues which are distinctly
pertinent to the constitutional powers
of Congress in legislating. Yet sin;
gle passage in the decision rendered
yesterday bears somewhat upon the
matter. Justice Brandeis, delivering
the unanimous opinion of the court,
said: s.
mo principle of our constitutional
law is more firmly established than
that this court may not, in passing
upon the validity of statute. inquire
into the motive of Congress. Nor may
the court inquire into the wisdom of
the legislation. Nor may it pass upon
the necessity for the exercise of
power possessed. since the possible
abuse of power is not an argumen.
against its exercise"
Congress having proposed in the
usual manner an amendment to the
Constitution, and the states having
ratified it in the manner prescribed
by the Constitution, it was incumbent
upon Congress to enact law for its
enforcement. The court, in consider
ing the constitutionality of that en-
forcing statute, must have regard for
its occasion and the enlarged powers
given to Congress by the adoption of
the amendment "Constitutionality"
in such case takes on new aspect
not heretofore possible.
Whether the court will rule that the
amendment has not been properly and
fully ratified remains for argument
and decision. The questions involved
in that matter differ from those arts.
ing under the case just settled and
that upon which the court is expected
next to pass. The point therein pre-
sented is whether a sufficient number
of states ratified, considering the fact
that referendum provisions have been
written into the constitutions Of Ger
tain of the states. This involves the
determination of the meaning of the
word Legislature" in the constitution
al provision for ratification These
matters, however, cannot be settled,
unless the. case is unpreeedentedly ex-
pedited, before the date on which the
amendment takes effect. whether that
be January Is, as commonly under
stood, or January %, the date ON which
the proclamation was issued. This
difference of thirteen days is not like,
ly to lead to a nation wide resumption
Of the liquor traffic in any event.