Iron County news. [volume] (Hurley, Wis.) 1913-1950, 1920-06-12
DRY LAWS STAND,
HIGH COURT RULES
Eighteenth Amendment and Vol
stead Act Are Approved.
HOPES OF VETS ARE ENDED
Supreme Court Is Unanimous in Up.
holding Prohibition Constitutional
Chanoe-RuIne Made in Test
Gases From Several States.

eral prohibition amendment and the
enforcement act passed by congress
were held constitutional by the Su-
preme court. Permission to file a mo-
ton asking for rehearing was grant
ed by the court.
The opinion was rendered by Assoc
ciate Justice Van Devanter. The opin-
ion was quite short. Chief Justice
White rendered supplementary de-
ciSion, concurring in the opinion Of
Justice Van Devanter, but going more
fully into the issues involved. The
courts opinion on the main issues In
volved was unanimous. Associate JUS
tees Mckenna, McReynolds and Clark,
however, dissented in part.
The court dismissed petitions filed
by the state of Rhode Island to have
federal officials enjoined from enforc-
ing prohibition in that state, and dis
missed injunction proceedings brought
by the state of New Jersey TO prevent
enforcement of prohibition within that
state.
Injunctions restraining prohibition
officials from interfering with the
Manitowoc Products company. a Wis
cOnsin corporation. in the manufac-
ture of beer containing more than IL
of l per cent of alcohol were dis
solved.
In all the cases a general attack on
the amendment was made on the
ground that it was revolutionary and
fclo w, nH
constitutional amendment
Ruling of Supreme Court.
The court held as follows:
"The adoption by both houses of
congress, each by twO-thirds vote, Of
a joint resolution proposing an amend
ment TO the Constitution sufficiently
shows that the proposal was deemed
necessary by all who voted for it. An
express declaration that they regard
ed it as necessary is not essential.
None OF the resolutions whereby prior
amendments We're proposed contained
such a declaration.
'The two-thirds vote in each house
which is required in proposing an
amendment, is a vote of twO-thirds Of
the members present-assuming the
presence of a quorum-and not vote
of two-thlrds of the entire membership
present and absent
THE referendum provisions of state
constitutions and statutes cannot be
applied consistently with the Consti-
tuition of the United States in the rati-
fication or rejection Of amendments
to 1t.
The prohibition of the manufac-
ture, sale, transportation. importation
and expectation of Intoxicating liquors
for beverage purposes. as embodied IL
the eighteenth amendment, is ~ithin
the power to amend reserved by ar
ticle of the Constitution.
That amendment by lawful propos-
al and ratification has become II part
of the Constitution, and must he re.
spected and given effect the same as
other provisions of that instrument
"The first section of the amendment
the one embodying the prohibition
is operative throughout the entire ter
ritorial limits of the United States,
DIuQS all legislative DOuleS, courts pup
lie officers and individuals within those
limits and of its own force lnvalidates
any legislative act-whether by con-
gress by a state legislature, or by a
territorial ssembly-w.hich authorizes
or sanctions what the section prohib-
It's
THE second section of the amend
ment-the one declaring the congress
! and the several states shall have con-
current power to enforce this article by
appropriate legislation'-does not en-
able congress or the several states to
defeat or thwart the prohibition. but
only to erfor~e it by appropriate
means.
Defines Concurrent Power"