The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-06-07

said, on hearing of the decision:
The fight is lost. The avenue of
the courts is now exhausted"
Washington. June THE United
states supreme court today upheld
constitutional prohibition.
In sweeping decision, the court
declared that the prohibition amend
ment TO the constitution is valid and
held that the Volstead act enforcing
1t is constitutional.
The courts action means that the
Volstead law prohibiting the sale of
any beverage containing one-half of
per cent or more of alcohol must be
enforced In every state of the Union.
regardless of whether the state has
ratified the amendment.
NuIlifies State Laws.
State laws providing higher aIco-
holic content, such as have been en-
actel in New Jersey, Wisconsin and
Rhode Island. are nullified.
The decision dispels the hope of the
brewing interests that the properties
could be used for the manufacture of
| light wines and beer and thus mimi
mize the losses due to national proi1i-
bition.
The courts decree, rendered after
three months of legal attacks on the
law by the liquor interests and the wet
states, is a complete victory for the
federal government and the prohibi-
| ton forces. 1t is so far-reaching that
1 1t settles once for all that national
| prohibition will stand until the pro-
] hibition amendment is removed from
the constitution by action of three
fourths of the states.
All the contentious made by the
most skillful lawyers of the vets. were
swept aside on the ground that It was
legally ratified and that the states
In SO doing gave congress power to
enact the Volstead law.
| Upholding the amendment the
court stated prohibition is a valid sub
ject for an addition to the constitution
and that such action does not conflict
with other articles OF that historic
| document.
The constitutionality of the Vol
| stead law was based on the general
principle. laid down by Chief Justice
Marshall more than a hundred years
| ago, that where state laws conflict
| with federal statutes, the federal
laws are supreme.
! The court granted sixty DAYS to wet
attorneys in which petitions for re-
hearing of the prohibition cases may
| be filed.
Blanket Decision Recorded.
A blanket decision was recorded by
the court on seven suits. These were
brought by or appealed from six states
Rhode Island New jersey Massa-
Kentucky. Rhode Island and New
Jersey as states, instituted proceedings
in the court to have the amendment
declared void and to enjoin the en-
forcement OF the Volstead law within
their limits.
| The appeals were on cases Instituted
| in lower courts by Christian Feigen-
span, a New Jersey brewing corpora
ton; George c. Dempsey. a Boston
liquor dealer; the st. Louis Brewing
L. II
and Warehouse company, Louisville.
and the Manitowoc Products COM
pany, Milwaukee.
Government Is Upheld.
The government won all but the
Milwaukee case in the lower courts and
consequently todays action affirms
the Judgment in all the others below.
The Milwaukee decision. rendered by
Federal Judge Geiger. was reversed.
In the New Jersey and Rhode Island
state actions. the motion Of the fed
eral government to dismiss the cases
was granted.
Read by Vanderventer.
Justice Vanderventer read the opin-
ion of the court.
After pointing out the court was
concerned with seven cases involving
the validity of the amendment and Of
certain general features of the Vol
stead law Justice Vanderyenter an
on the various points raised. Follow
ing is the decision:
l. The adoption by both houses Of
congress. each by two-thirds vote. Of a
joirt resolution proposing amendment
to the constitution sufficiently show that
the proposal was deemed necessary by all
who voted for II. An express declara-
ton that they regarded II as necessary Is
. not essential. None Of the resolutions
whereby prior amendments were proposed
contained such declaration
tWO-fhfrdn In each house
which is required in proposing an amend
ment is a vote of two-thirds Of the mem
bership Notwithstanding the presence of
I a auOrum-and not vote Of two-thirds OF
the entire membership, present and alb
,. The referendum provisions OF state
, constitutions and statutes cannot be sp-
the United States IN the ratification or re-
, lection Of amendments TO IL.
The prohibition of the manufacture.
| sale. transportation, importation and e1-
portation Of intoxicating liquors for bever-
1 age purposes, embodied In the
eighteenth amendment, is within the power
to amend reserved by article Of the con-
! stitution.
. 3. That amendment. by lawful proposal
: and ratification has become a part Of the
constitution and must be respected and
: | given effect the same other provisions
Of that Instrument
g. The first section Of the amendment
the one embOdylng the prOhibition-is op-
erative thruout the entire territorial limits
bodies, courts. public officers and In
divfduals within those limits and Of fts
Confined on Page Two.J