New-York tribune., 1920-06-08
Decision Knocks Out Ar
g,lments of Liquor Men
on All Points; Liberal
State Laws Are Nullified
Vets Only Hope
Lies in Congress
Commonwea1ths Which
Did Not Ratify Must
Obey;Judges Announce
Only Their Conclusions
rsom The Tr.oune's Washlnqtor B.reau

From The Tr:bsne's Washington Bureau
WASHINGTON, June THE
Supreme Court to-day ruled unani-
nously that the prohibition amend
nlent to the Federal Constitution
and the Volstead act enforcing it
are valid.
The decision was made in seven
cases, including those of the states
Of Rhode Island and New Jersey,
and answers arguments raised
against prohibition from every con-
ceivable angle.
The ruling meaus that the VOL
stead act must be enforced in every
state. The sale of beverages con-
taining more than onc-half of / per
cent Of alcohol will not be permitted,
regardless of state laws increasing
the percentage or whether state
legislature has ratified the amend
ssent. State laws like those enacted
in New York, New Jersey, Wiscon-
sin and Rhode Island permitting
light beer and wines are nullified.
The decision ends the hope that pro-
hibision might be overthrown in the
courts The only way in which the
Eighteenth Amendment may be re-
pealed lies in action by three-fourths
Of the states, the same proportion by
which the amendment was adopted.
Congress Could Become Liberal
modification of prohibition is
possible, however, through Congress
sional action. Wet forces now are
expected to concentrate in this di-
feetion. Congress could increase
the legal alcoholic percentage of
beverages to make it higher than
one-half Of l per cent, stipulated i'll
the volstead act.
Where Federal and state laws con-
aict the Federal law is supreme and
applies to the liquor traffic within
STATE and between states, the court de-
eided. The court held that Concur
rent power" Of enforcement, as set
!oreh In the amendment, does not mean
JOINT power, nor that the power to en-
scrce Is divided between Congress and
the states, or that state sanction is re-
CURED. On this point Justices Nc
Aenna and Clarke dissented, although
tney supported their colleagues in the
view that the amendment itself is con-
istisutional.
keferendums Not Necessary
!he court held as we'll that state
Tierendums cannot be applied, as the
constitution prescribes the method by
shcn amendments may be adopted
nsaaeiy, by state legislative approval.
4tn.loxieasing =. liquors are considered a
81 subject for constitutional amend
me frst part Of the amendment-th
Sns s, emoodying prohibition--the court
.s'a 70 De universally applicable. The
Inc part, providing for enforcement
concurrent power" it was decided,
sses may defeat or thwart prohibition,
~. only that they may enforce it by
spRiopriate means.
=. Ae power to regulate liquor is held
sppiy 70 that which was manufac-
80 Ssa before the amendment became
i.'e as well as after. The Volstcad
G.~:.s ~ considered az not exceeding the
a. s,n.M 70 which Congress may 60 in
,ssasaie'sing its powers under the amend
Read by Van Devanter
4a.;.see ;sssiee Van Devanter read the ma
tV opinion after the court had been
Ii. s.ssion for an hour. He arose, cleared
seroat, and said he had the opinion
20. 20 Original" and another case
sn srss ne old not enumeratel The audi
rss Nla'ghtened in its seats, and there
h. complete silence as the justice
Ss!ssa 70 read. After the justice had
"a ssasasd, he leaned back in mis- chair
las..s'n 10 the courtroom did not relax
ss,sssssr, until Chief Justice White. by
s,s..xe, turned off Justice McKenna q
Jn,s;aDsS your pardon" said the Chief
fs,sac' fs' and there was suppressed tit
nshS' which eased the strain.
r opinion Of the court was brief
sass,s printed pages announcing the
~y.sstsius'ons III Of the court terseiy and
rsssst rsagut effort TO explain the line Of
esns.shg which led up TO them. Thii
- "a justice AcKenna, in differing
sYnisnsht sYnimsht adversely on the lack Of
bInsaias'on and WAS responsible fel
cs,xz'nf ont concurring opinion 81
wssa % sustics White, explaining th'
ana wherefores.
u.sIsnicsiiy, the court granted tn
"as 81 the Federal government y
..4.-- tcssslsssS ~ pass tss)
I'D nOHsIsGs
yz1..,,ani Dn5ae help1 The conntrzs fntnr.