Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1920-06-15
SUPREME COURT
0.k.'S DRY LAWS
Both Federal Prohibition Amend
n1ent and Enforcement
Acts Upheld
INJUNCTlOHS ARE DISMISSED
Highest Tribunals Opinion Very Short,
Setting Forth Only its Conclusions
Federal Court DEGREES
Sustained.

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 a rehearing was grant
ed by the court.
The opinion was rendered by Asso-
ciate Justice Van Devanter The opin-
ion was quite short Chief Justice
White rendered a 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
y0lved was unanimous. Associate JUS
ticeS Mckenna, McReynOldS and
Clark, however, dissented in part.
The court dismissed petitions sled
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
ManftowOc Products company, Wis
c0nSin corporation, in the manufac-
ture of beer containing more than one
half of 1 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
was really legislation in the guise of
a constitutional amendment.
The court held as follows:
1.-The adoption by both houses of
congress, each by a 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 1t as necessary is not essential.
None of the resolutions whereby prior
amendments were proposed contained
such declaration.
1.-THE two-thirds vote in each house,
which is required in proposing an
amendment. is vote of two-thirds of
| the members present-aSSuming the
| presence of q quorum-and not vote
of two-thirds of the entire membership
| present and absent.
1.-THE referendum provisions of state
constitutions and statutes cannot be
applied consistently with the Consti-
| tuition of the United States in the rati-
| ne rs
| to It,
"The prohibition of the manufac-
| ture, sale, transportation. importation
| and expectation of intoxicating liquors
! for beverage purposes, as embodied in
the eighteenth amendment. is within
| the power to amend reserved by ar
| ticle 5 of the Constitution.
THAT amendment by lawful propos-
| al and ratification has become part
| of the Constitution. and must be 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.
| binds all legislative bodies, courts,
| public officers and individuals within
| those limits and of its own force in
validates any legislative act-whether
| by congress, by state legislature, or
| by territorial asSembly-which au-
tories or sanctions what the section
| prohibits.
1.-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 not
enable congress or the several states
| to defeat or thwart the prohibition,
! but only to enforce it by appropriate
means.
"The words. concurrent power in
| that section do not mean Joint power
or require that legislation 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 d.
vided between congress and the sew
eral states along the lines which sep
arate or distinguish foreign and inter-
state commerce from intrastate af-
fairs
1.-THE power confided to congress by
that section, while not exclusive, is
territorialy coextensive with the pro-
hibition of the first section, embraces
manufacture and other interstate
transactions as well as importation,
expectation and interstate traffic"