El Paso herald. (El Paso, Tex.) 1901-1931, 1920-06-08
johnson SILENT
ON PACT PLANK
By DAVID LAWRENCE
tContInued from page Ii

ton is coming to him on a silver
platter so that the only obstacle IS
the treaty plank, the California sena-
tor isn't apt to reverse himself on
question Of principle at this late
date, but his dissent viii not amount
to anything unless he bolts the party.
His declaration Of an intention to
stay regular is accepted as absolute
" sincere knowing that Hiram viii
not bolt. the leaders are not much
concerned over his taking exception
TO the platform plank for If the
thing comes to a vote in the conven-
ton, Johnson viii be beaten, and viii
be virtually forced TO accept the YER
dict Of the majority on that, too
Hiram johnson is playing bail with
his party associates but they aren't
going 10 nominate him. The conYen-
ton is made up Of conservative dele
gates. They may nominate pro
gressive. but IL don't look as II the
California senator has much chance
to do anything. but have say upon
the question Of who that progressive
shall be. He can win a moral not
material victory here.-Copyrigh
1920. by David Lawrence
within the power to amend reserved
by article 5 Of the constitution
"5-That amendment by lawful
proposal and ratification mas become
a part of the constitution and must
same as other provisions OF tnat IN
@6-The first section Of the amend
ment-the one embodying the proht-
bition-is operative throughout the
entire territorial limits Of the Unit
ed 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, byla state
legislature, or by q territorial as
semblv=Which authorizes or sane
lions what the section prohibits
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 OF the
several states TO defeat or thwart
the prohibition, but only to enforce
IT by appropriate means
independent Of States.
"S.-Ths words concurrent power
n that section do not mean joint
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
state affairs
"s.-The power confided to congress
BY that section, while not exclusive
is territorially coextensive with the
prohibition OF the first section, en-
braces manufacture and other inter
state transactions. as wei as impor-
tation, expectation and ir state
traffic, and is in no wise dependent
on OF affected BY action or inaction on
the part Of the several states or any
Of them.
'IO.-That power may be exerted
against the disposal for beverage
purposes OF liquor manufactl red be-
fore the amendment became effec-
tive, Just as it may be against sub
sequent manufacture for those pur-
poses. In either case II IS a consti-
tutional mandate or prohibition that
is being enforced
"11-While recognizing that there
are limits beyond which congress can
not go in treating beverages as with
in its power OF enforcement we think
those limits are not traiscended by
the provision OF the Volstead act,