Milford chronicle., 1920-06-11
SUPREME COURT
HOLDS BOTH 18TH AMENDMENT AND
VOLSTEAD ACT ARE VALID.


day by the Supreme Court.
The decision swept aside every con-
tention raised by the liberals. As to
the cOnstitutionally of the Acts the
decision was unanimous. but referring
to the Concurrent power of enforce
ment" phase in the constitutional
amendment. Justice McKenna. Chief
Justice White. Justice McReynolds
and Justice Clarke disSented from the
majority views
Justice McKenna in an exhaustive
opinion, insisted that the phase was
an expressed and implied grant to the
States of a right i'm the enforcement
of the amendment. a right denied to
them through the Yolstead Act
The opinion was followed immedi-
ately by a declaration from Levi Cook,
attorney for the liberals i'm several of
the cases at issue that the Court had
granted the right to apply for a re-
hearing and that briefs would be pre-
pared at once 10 support the demand
for this rehearing.
The effect of the decision is to rem
der unQuestionable the validity of the
amendment and 10 put into Congress
and undoubtedly into politics for
many years To come a fight to either
repeal or liberalize the VOlstead en-
forcement Act
Points the Court Decides
The opinion, deciding the last of the
prohibition cases before the Court
was brief. In effect il held:
First - That the constitutional
amendment was legally adopted and
that i'm every respect it is Constitu-
tionaL
Second-That the prohibition ap-
plies as well to the distribution and
sale of liquors produced prior to the
adoption of the amendment as well
as to the production and consumption
of liquors in this time-in other words
it held that the distribution or sale
Of liquors produced and now held in
bond are prohibited.
Third-That the phrase concurrent /
power" in the amendment did not re-
serve to the States any expfess right,
equal to that Of the Government i'm
the enforcement of the constitutional
amendment.
Fourth-The holding that the States
have no equal right with the Govern
ment sweeps aside and invalidates
the various State statutes granting
the right to produce and consume
light wines and beers or liquors of not
more than certain alcoholic content.
Fifth-Gives to Congress forever in
the future the authorities to declare
what is and what is not an int0xicat-
ing liquor, thus putting the repeal Of
the Volstead law or its liberalization
forever before Congress and undoubt-
edly into politics forever.
Mckenna's Opinion Emphatic
The dissenting opinion of Justice Nc
Kenna was as emphatic i'm its support
of the right of States as was the ma
jOrity opinion of the COnstitutionality
of the Acts. Justice McKenna held
that it was an expressed and implied
grant to the States contained in the
phrase concurrent power in enforce
ment of the Constitutional Amend
ment' and he insisted that the States
should have uniform, united, harmon
iOus and cOncOrdant action with the
Government in enforcement. He de-
MED that grant of such right to the
States would weaken the prohibition
or the Volstead law and
added that instead it would strengthen ;
the fundamentals of this Government
Chief Justice White, though not ex- .
his views to the extent that :
Justice McKenna did, expressed ques-
ton as to the decision of the Court re- +
ative to the phrase concurrent pow !
r."
Justice McReynOlds, though not dis !,
;enting. expressed the desire to re- ~
serve his views because of the impor q,
ance of the question involved.
Justice Clark dissented in certain O
PARTICULARS 9
Will Ask Rehearing =
Immediately after the decision was n
made. attorneys for the LIBERALS an
bounced they would prepare for action Il
o obtain n rehearing in the cases. the u
'ourt having granted the right to file
riefs asking for a rehearing.
The brevity Of the decision was as
much of a surprise as was its sweep
NC character-in fact it appeared
rom the opinion Of Justice McKenna N
hat it was rather surprising to him II
or he complained once that the major II
" opinion gave no argument nor rea- u
oning upon which it based its conclus- III
)ns. The opinion, in fact, was brief u
nd to the point, and did not discuss
he legal questions involved, nor the =
arious contentious raised by the at %
,rneyS To the dissenting opinion :.
lade by McKenna was left the dis y
lssion of the law i'm this case and y,
le intentions of Congress in adoption VI
the amendment and tine Y0istedd .
Act. 20,
Immediately after the court had adj -
Representative IgOe, of Mis-
,uri, leader in the Congressional fight ad
II a more liberal Volstead law and al ,,.i
author of the dissenting House 40
Union which was supported. in every an
tail by Justice McKenna, said: sb
"The Court has the last say. Both mo
e amendment and the Volstead law
e now the law of the land and until vf
ther or both are repealed, they ott
Ould be observed by the people and in,
so they should be strictly enforced" Sh
1t has been stated by liberal leaders ian
Congress that the future hopes of
ose opposed to the drastic prohib- ms
on of the present is either in repeal II
liberalization of the Volstead law. w,
Repeal Believed Impossible Go
The Court decision in the view of
tn proponents and opponents of pro- the
DitiOn, probably and perhaps un- Pa
ends for all time the effort I
get liquor, its production, sale and Mo
back to the status which lin
evailed before the war. 1t is regard
almost as an impOssibility that the
Institutional amendment will ever be