Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-06-07


of the United States in the ratification
or rejection of amendments to 1t.
4. The prohibition Of the manufacture,
sale, transportation, importation and ex-
portation of intoxicating liquors, for
beverage purposes as embodied in the
eighteenth amendment, is within the
power to amend reserved by Article OF
the constitution.
s. That amendment by lawful pro-
posal and ratification has become part
Of the constitution and must be respected
and given effect the same as other pro-
visions of that instrument.
g. The first section Of the amendment
the one embodying the prohibitions
operative throughout the entire terri
torial limits of the United States binds
all legislative bodies, courts, pubic
officers and individuals within those
limits and of its own force invalidates
every legislative act-whether by con-
gress, by a state legislature or by ter
ritortal assem- bly-which authorizes or
sanctions what the section prohibits.
Z. The second section of the amend
ment-the one declaring 1.-The congress
and the several states shall have con
current power to enforce this article by
appropriate Observation-Disclosures not en-
able congress or the several states to de
feat or thwart the prohibition, but only
to enforce it by appropriate means
DEFINE MEANING OF
CONCURRENT POWER"
s. The words concurrent power" In
that section do not mean joint power, or
require that legislatio Hereunder by
congress to be effective shall be approved
or sanctioned by the several states or
any of them; nor do they mean that the
power to enforce is divided between con-
gress and the several states along the
lines which separate or distinguish
foreign commerce from domestic afrairs
O. The power confed TO congress by
that section while not exclusive is ter
ritorially coextensive with the prohibit
ton of the first section, embraces manu-
facture and intrastate transactions as
well as importation. expectation and IN
terstate traffic. and is In no wise de-
pendent on or affected by action or IN
action on the part Of several states or
any of them.
10. That power may be exerted against
the disposal for beverage purposes OF
liquors manufactured before the amend
ment became effective, Just as 1t may be
against subsequent manufacture for those
purposes. In either case. 1t Is con
stitutional mandate or prohibition that
is being enforced
II. While recognizing there are limits
beyond which congress can not 90 In
treating beverages as within Its power
of enforcement. we think those limits are
not transcribed by the provision Of the
Volstead act, wherein liquors containing
as much as one-half Of one per cent or
alcohol by volume and ft for use for
that power.
CRITICIsEs WORDING
OF cNE SECTION.
The court criticised the wording of
the concurrent power section OF the
eighteenth amendment
There was no clear and well cut
meaning to the form Of the words used
Justice White said. and added that II
lay with the court therefore. to look into
the intent Of congress.
Justice McReynolds emphasized he did
nor dissent, but indicated that he did not
believe the time yet ripe for sweep
ing decision.
Justice McKenna said he dissented In
one Of the prohibition cases in which
the Yolstead law was involved.
This was the Manitowoc Products Com
pany.
The concurrent power was conferred
for use. not for abuse MeKenna said.
McKenna made clear he shared the
opinion that the eighteenth amendment
was unquestionably constitutional.
Concurrent power" does not mean
conflicting power. but joint power. Nc
Kenna declared.
Ultimately. NcKenna said, the law will
prohibit liquors intoxicating IN fact. and
not set any percentage Of alcohol
Justice Clsrk dlssehted IN part.
There may be conflicts between the
state and federal government over thu
liquor enforcement power and the action
of the court does not do away with such
possibility
OVERRULES ACT OF
LABOR SECRETARY
The court overruled the action Of Sec
rotary Of Labor Wilson In refusing 10
allow Kwock Jan Fat OF Monterey, Cal.
a Chinese, 10 enter the United States.
Fat claimed he was an American
citizen by virtue Of birth and that the
government sought to exclude him when
he returned from a trip 70 China
The court scored the secretary Of labor
for not furnishing the court an adequate
record in the case
The court declared the federal trade
commission had exceeded its authority