The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-06-07
PROHIBITION rs
HERE TO STAY
CONTINUED from page IL

voted for it. An express declaration
that they regarded 1t as necessary Is
not essential. None Of the resolu'
lions whereby prior amendments
were proposed contained such dec
laration.
80 The two-thirds vote in each
house which is required in proposing
an amendment is vote Of two-thirds
of the membership present assum.
! ing the presence of quorum--ano
not vote OF two-thirds of the en-
! tire membership, present and an-
sent.
"3-The referendum provisions OF
istate constitutions and statutes can
not. be applied, consistently with IN ,
constitution of the United States N
the ratification or rejection of amenc-
ments TO il.
1.-THE prohibition of the manu-
facture, sale, transportation, lmpot-
Itation and expectation OF intoxicating
liquors, for beverage purposes, as
embodied in the eighteenth amend
ment, is within the power to amend
reserved by Article Y OF the constr
tuition.
"5-That amendment, by lawful
proposal and ratification, has become
a part of the constitution and must
be respected and given effect the
same as other provisions of that m
Istrument.
"6-The first section OF the amend
ment-the one embodying the prohi-
bition-is operative throughout the
entire territorial limits of the United
States, binds all legislative bodies,
courts, public officers and individuals
within those limits and of its own
force invahdates every legislative act.
whether by congress, by a state
Legislature, or by territorial az
sembly-which authorizes or sane
lions what the section prohibits.
1.-THE second section of the
amendment-the one declaring the
congress and the several states shall
have concurrent power to enforce
this article by appropriate legislation
does not enable congress or the
several states to defeat or thwart tho
prohibition, but only to enforce. it by
appropriate means.
"S-The words concurrent power
In that section do not mean joiit
power, or require that legislation
hereunder by congress, to be effec-
tive. 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 congress
and the several states along the lines
which separate or distinguish foreign
and interstate commerce from intra-
state affairs. -
"9-The power confded to con-
gress by that section, while not ex-
elusive, is territorially co-extensive
with the prohibition of the first seq
ton, embraces manufacture and other
intra-state transactions as well as I'M
portation, expectation and interstate
traffic, and is in no wise dependent
on or affected by action or inactioa
on the part of the several states OF
any Of them.
"10-That power may be exerted
against the disposal for beverage pur
poses of liquors manufactured before
the amendment became effective just
as it may be against subsequent
for those purposes. In
either case it is a constitutional man.
date or prohibition that Is being en-
forced.
"11-While recognizing there are
limits beyond which congress cannot
go in treating beverages as within
its power of enforcement, we thinS
those limits are not transcribed by
the provision of the Volstead act
wherein liquors containing as much
as one-haf of one percent of alcohol
by volume and fit for use for beve :
age purposes are treated as within
that power.