Putnam County herald. (Cookeville, Tenn.) 1903-1922, 1920-09-02
THE DRY AMENDMENT

on the Dry Amendment. held as fol
lows:
L. The adoption by both houses O
Congress, each by two-thirds vote, o
joint resolution proposing an amend
] ment to the Constitution sufficient,
shows that the proposal was deemed
necessary by all who voted for it
An express declaration that they re
garded it as necessary is not essen
tial. None of the resolutions where
by prior amendments were proposed
contained such a declaration.
go. The two-thirds vote In each
house, which is required in propos
ing an amendment, is vote of two
thirds of the members present-as
Stunning the presence OF a quorum
and not vote of two-thirds of the
entire membership present and ab.
sent. Missouri Pacific Railroad com.
pany vs.. Kansas, 24S, o. s., 27s.
SO. The referendum provisions OF
state constitutions and statutes, can
not be applied, consistently with the
Constitution of the United States, in
liberalization or rejection of amend
ments to it. Hawkes. VS. Smith, U. s.
decided June I, 1920.
Il. The prohibition of the manufac-
ture, sale, transportation, importa-
ton and expectation Of intoxicating
liquors for beverage purposes, as en-
bodied in the Eighteenth Amendment
is within the power to amend reserv-
ed by Article v Of the Constitution
SO. That amendment by lawful pro-
posal and ratification has become a
part of the Constr ution, and mus: be
respected and given effect the same
as other provisions of that instru-
ment.
"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 individu-
ais within those limits, and of its
own force invalidates any legislative
act-whether by, Congress, by state
legislature, or by "a territorial assem-
bly-which authorizes or sanctions
what the section prohibits.
"7. The second section of the
amendment-the one declaring the
Congress and the several state shall
have concurrent power to enforce
this, article by appropriate legisla-
tion'-does not enable Congress or
the several states to defeat or thwart
the Prohibition, but only to enforce
it by appropriate means.
20, The words, concurrent power
in that section do not mean joint
power, or require that legislation
hereunder by Congress. to be effect
i've, 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 in
tra-state affairs.
"9. The power confided to Cong
ress by that section, while not exclu-
tive, is territorially coextensive with |
he Prohibition of the first section,
embraces manufacture and other in
transactions as we'll as i'm
expectation, and inter-
tate traffic and in nowise depend
ID on or effected by action or mac.
ion on the part of the several states
II any of them.
40. That power may be exerted
Igainst' the disposal for beverage pur-
,oses of liquor manufactured before
he amendment became effective,
ust as it may be against subsequent
manufacture for those purposes. In
ither case. it is a constitutional man
ate or Prohibition that is being
nfOrced.
al. While recognizing that there
re limits beyond which Congress
annot go in treating beverages as
,ithin its power Of endorsement, we
hink those limits are not transcend
d by the provision of the Volstead
ct, wherein liquors containing as
luch as one-haH of 1 per cent of
lcohol by volume and fit for use, for
average purposes are treated as
,ithin that power. Jacob Puppert
8. Caffey, Isl u. 8. 264."