Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-06-08
VOLSTEAD LAW AND
DRY ACT ARE HELD
CONSTITUTIONAL
Petition by Rhode Island to
Enjoiin Enforcement Of
Prohibition Is Dismissed
by Court ....,

WASHINGTON, June Both the
federal prohibition amendment and
the enforcement act passed by on
Sress were held constitutional to-
day by the supreme court
The court dismissed petitions filed by
federal officials enjoined from en-
forcing prohibition in that state.
The opinion was rendered by Jus
tice VandeVanter.
The court also dismissed injunc-
ton proceedings brought by the
state of New Jersey to prevent en-
fo-cement of prohibition within that
state.
Injunctians restraining prohibit
ton officials from interfering with
the Mantowoc Products company, a
Wisconsin corporation, in the manu-
facture of beer, containing more
than one half of one per cent Of
alcohol, were dissolved by the court.
The court upheld federal court
decres, dismissing proceedings
brought to enjoin the prohibition
amendment from being enforced
against Christian Feigenspan, a
brewer of Newark, n. j.
Federal court DEGREES denying
similar iniunctions sought by the
ST. Louis Brewing association like
wise were affirmed.
The courts opinion was very short,
setting forth only the courts conclu-
sions. Chief Justice White rendered
the one rendered by Justice Vande-
vanter, but going more fully into the
issues involved.
Federal court DEGREES dismissing
injunction proceedings instituted by
the Kentucky Distilleries and Ware
enjoin enforcement of the act against
it were sustained by the court. In
functions sought by George c. Demp-
sey, Boston, Mass, wholesale liquor
dealer, TO restrain enforcement of
the enforcement act against him were
also denied by the court.
Synopsis of Decision
Following is the decision:
81. The adoption by both houses
of congress, each by a two-thirds
vote, of a joint resolution proposing
an amendment to the constitution
sufficiently shows that the proposal
was deemed necessary by all who
voted for it. An express declaration
that they regard it as necessary is
not essential. None of the resolu-
tons whereby prior amendments were
proposed contained such a declara-
ton.
g. The two-thirds vote in each
house which is required in propos-
ing an amendment is a vote of two
thirds OF the members present-aS-
Stunning the presence of a quorum
and not a vote of two-thirds of the
entire membership. present and alb
sent.
80. The referendum provisions Of
state constitutions and statutes can
not be applied, consistently with the
constitution of the United States, in
the ratification or rejection of amend
ments to it.
a. The prohibition of. the manu-
facture, sale, transportation, importa-
ton and expectation of Intoxicating
liquors for beverages purposes, as
embodied in the eighteenth amend
ment, is within the power to amend
reserved by Article v of the consti-
tuition.
70. That amendment, by lawful
proposal and ratification, has be-
come a part of the constitution, and
must be respected and given effect
the same as other provisions of that
instrument.
"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 individ-
uals within those limits, and of its
own force invalidates every legis!1-
tive act-Whether by congress, by a
state legislature, or by a territorial
assembly-which authorizes or sane
tions 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 legisla-
tion'-does not enable congress or
the several states to defeat or
thwart the prohibition, but only to
enforce it by appropriate means.
Concurrent Power Defined
"S-The words concurrent pow
err in that section do not mean joint
power, or require that legislation
Hereunder by congress, to be effec-
tive, shall be approved or sane
toned 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 o.
distinguish foreign and interstate
commerce from intrastate affairs.
"9-The power cOnfided to cOu
gress by that section, while not eX-
elusive, is territorially co-eXtensiv-
with the prohibition of the first sec
ton, embraces manufacture and
other intraState transactions as well
us importation, expectation and in
terstate traffic, and is in no Wis
dependent on or affected by action
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