Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1920-06-16
DRY LAWS STAND,
HIGH COURT RULES
Eighteenth Amendment and Vol
stead Act Are Approved
HOPES OF VETS ARE ENDED
suprerne Court Is Unanincus In Up
hoIcine Prohibition Constitutional
chsrse-Ryiina &ace IN Test
Cases From Several States

Washington. June S.-Both the fed
eruI prohibition amendment and the
enforcement act passed by congress
were held constitutional by the SUI
preme court. Permission 20 nie mo-
ti0u asking for q rehearing was grant
81 hy the court.
The opinion was rendered by Asso-
clate Justice Van Devanter. The opin-
son was quite short. Chief Justice
White rendered a supplementary de-
.cision. concurring In the opinion OF
Justice Van Devnnter. but going more
fully into the issues involved. The
courts c1ilIon on the main issues 10
volved was unanimous. Associate JUS
tlres McKennn. McReynolds and
Clark. however. dissented In part.
The court dismissed petitions filed
by the state 81 Rhode Island 10 have
federal officials enjoined from enforc-
ing prohibition Ca that state. and dis
missed injunction proceedings brought
by the state - New Jersey 90 prevent
enforcement a. prohibition within that
state.
InIunctions restraining prohibition
officials from interfering with the
Manitowoc Products company, Wis
consin corporation. In the manufac-
ture 81 beer containing more than one
half ~ per cent Of alcohol were dis
solved.
In an the cases n general attack on
the amendment was made on the
ground that % was revolutionary ant
was really legislation In the guise Of
a constitutional amendment.
Ruling of Supreme Court
The court held as follows:
The adoption by both houses OF
congress. each by a two-thirds vote, OF
a Joint resolution proposing am amend
ment 20 the Constitution sufficiently
shows that the proposal was deemed
necessary hy an who voted for IL. An
express declaration that they regard
Ell Go as necessary Is not essential
None ~ the resolutions whereby prior
amendments were proposed contained
such a declaration.
The two-thiryis vote In each house,
which Us required in proposing an
amendment. is a vote Of two-ihirds or
the members preSsnt-assuming the
presence Of a quorum-and not vote
~ tw0-thIrls of the entire membership
present and absent
The referendum provisions of state
constitutions and statutes cannot be
nuuIipd consistently with the COnsti-
..a.-s "a. Hr..rsa.r GsnHae In the wn IL
fcat.0n or rejection 81 amendments
O. Co..
The prohibition ~ the manufac-
ture. sale. transportation. Importation
and expectation ~ intoxicating liquors
for beverage purposes. rs embodied in
the eighteenth amendment IS within
the power To amend reserved by ar
tirle 3 % the Constitution.
THAT amendment by lawful propos-
ed and ratification has become a part
Ur the Constitution. and mus; be re
srarfed and given effect the same a
other provisions - that instrument.
-The first section ~ the amendment
the one embodyinr the prohibition
Is ureratlve throughout the entire ter
rttrrlal limits az the United States.
binds an legislative bodies. courts.
hubble officers and individuals within
those limits and 81 It's own force in
vnIiEntes any legislative nct-whether
Nv congress. ~ n state legislature. or
nv a territorial nssembly-which au-
tu-izeS or sanctions what the section
prohibits.
The second section ~ the amend
meut-the one declaring the congress
and the several states shall have con
current power "a enforce this article
bv appropriate legislntion'-does not
enable congress or the several states
10 defeat or thwart the prohibition.
hut only 10 enforce u by appropriate
means.
Defines Concurrent Power"
The words. concurrent power In
that section DO not mean Joint power
or reruire that legislation Hereunder
nv congress. to be effective. shall be
approved or sanctioned by the several
states az any % them. nor do they
mean that tie power 70 enforce is d.
vfded between congress and the sew
er1I states along the lines which sep
nrate or distinguish foreign and inter
state commerce from intrastate AZ
fairs
The power corfded 70 congress by
that section. while not exclusive. is
tgrrltrrlauy coextsnsive with the pro
hnltion ~ TIE first section. embraces
manufacture amt other intrastatc
transactions rs wei as Importation
expectation and interstate traffic"