The Sun. [volume] (Price, Utah) 1915-1932, 1920-06-11

WASHINGTON, ID. c., June -
The United States supreme court to-
day upheld constitutional prohibition.
In a sweeping decision the court de
clared that the prohibition amend
mcnt TO the constitution is valid and
held that the Volstead act enforcing
IL is constitutional. The court 5 ac-
ton means that the Volstead law pro-
hibiting the sale Of any beverage con-
tanning IL per cent or more of alec
hol must be enforced in every state
of the union, regardless Of whether
the state has ratified the amendment
state laws providing higher alcoholic
content, such rs have been enacted in
New Jersey, Wisconsin and in Rhode
Island, are nullified. The decision
dispels the hope of the brewing inter-
ests that the properties could be used
for the manufacture of light beers
and wines, and thus minimize the
losses due 10 national prohibition.
The court 5 decree rendered after
three months of legal attacks on the
law by the liquor interests and the
wet states. is complete victory for
the federal government ana the pro-
hibition forces II Is 80 Ear reaching
that it settles once for ali that na.
tional prohibition will stand. Up
holding the amendment, the court
stated prohibition is valid subject
for an addition to the constitution
and that such action does not conflict
with other articles of that historic
document. The constituiionality of
the Nolstead law was based on the
general principle laid down by Chief
Justice Marshall more than hun
drcd years ago that where state laws
conflict with federal statutes, the
federal laws are supreme. A blanket
decision was recorded by the court on
seven suits. These were brought by
or appealed from six statcs-Rhode
Island. New Jersey, Massachusetts,,
Wisconsin, Missouri and Kentucky.
Rhode Island and New Jersey, M
states, instituted proceedings ia the
court 10 have the amendment de-
clarcd void and 10 cnioh the enforce
mcnt OF this Nolatead law within their
limits The appeals were on eases in
stituted in lower courts by Chrssiinn
Fcigcnspan, New Jersey brewing
corporation; George G. Dempsey, a
Boston liquor dealrr; the 81, Louis
Brewing association. the Kentucky
Distillcrics aud Warehouse company,
Louisville, and the Manitowoc Pro.
duets company, Milwaukee, Wis. The
government won all but the Nil,
waukoc case In tho lower courts, and
consequently lodny's action affiuni
the Judgment IN all the others below
The Milwaukee decision, rendered by
Federal Judge Geiger, was reversed
In the New Jersey aud Rhode Island
state actions the motion of the fed
crnl government 10 dismiss the case,
were granted. Tlta court = opinion
took up all the contentious of the wei
forces la detail aud then declare,
that there was mo- legal foundation
for them. Chief Justice White sale
he regretted that the court had no
seen iii 10 outline the steps whicl
led up To its decision. lie indicated
however, that he was not dissenting
from the opinion. lie said congress
in the eighteenth amendment shoul'
have defined intoxicating liquors.
Justice Vandeyanter read the opin
; ion OF the court. After pointing ou
the court was concerned with seyel
I cases involving the validity of th
amendment and Of certain genera
features of the Yolstead law, Justie
Vandeyanter announced the conelu
siOns of the court on the yariou
points raised. Following is the dc
cision;
| First-The adoption by both house
of congress, each by tw0-thlrd
vote, of joint resolution proposln
an amendment To the constitution
sufficiently shows that the propose
was deemed necessary By all VIII
voted for il, An express deelaratio
| that they regarded il as necessary
not essential. None OF the resolI
tions whereby prior amendments wer
] proposed contained such "A declar,
! ton.
Second-The twO-thirds vote /
each house, which is required in pr,
posing an amendment, is vote O
two-thirds of the membership preser
| assuming the presence of quorm
! and not vote Of twO-thirds of eI
tire membership, present and absen
| Third-The referendum provision
of state constitutions ana statut,
cannot be applied consistently wit
the constitution of the United State
in the ratification or rejection {
amendments to it,
L Fourth-The prohibition Of Ii
manufacture, sale, transportation, in
portation and expectation of intoX
eating liquors, for beverage purpose
as embodied in the eighteenth amen'
ment, is within the power to amen
reserved by Art. o of the constitution
Fifth-That amendment by lawfl
| proposal and ratification has beeon
part of the constitution and mu
vi a