Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-06-07
Both Eighteenth Amend
ment and Enforcement
Act Sustained.
ALL FEDERAL COURT
SUITS DISMISSED
Various Injunctions Set Aside and
Amendment and Voistead Enforce
ment Measure Declared Constitu-
tional-Two Members of Court File
Separate Opinions, But Do Not Dis
sent in Full From Findings.
BY Associated Press.

ooAiASloi, d uHe t.-bOtn the
federal prohibition amendment and
the enforcement act passed by con-
gress We're held constitutional today
by the supreme court.
Associate Justice VanDevanter
rendered the opinion.
Federal court DEGREES discussing
injunction proceedings instituted by
the Kentucky distilleries and ware
houses of Louisville to enjoin en-
iorcement OF the act against it were
sustained by the court. Injunctions
sought by George c Dempsey,
Boston, Mass. wholesale liquor deal
er, to restrain enforcement of the
prohibition act against him, were
also denied by the court.
The court dismissed petitions filed
by the state of Rhode Island to have
federal officials enjoined from en-
forcing prohibition in that state.
Platter Swept Clean.
The court also dismissed injunction
proceedings brought by the state of
New Jersey to prevent enforcement
OF prohibition within that state.
1njunctions restraining prohibition
officials from interfering with the
Mantowac, Products Company,
Wisconsin corporation, in the manu-
fatcure Of beer containing more than
one-half of one per cent of alcohol
We're dissolved by the court.
The court upheld federal court
DEGREES from being enforced against
Christian Feigenspan, a brewer of
Newark, N. J. Federal court DEGREES
denying similar Injunction sought by
the st. Louis Association likewise
were affirmed.
The courts opinion was very short,
setting forth only the courts con-
clusions. Chief Justice White rem
dered a supplemental opinion con-
CURING in the one rendered by JUS
tice Van Devanter, but going more
fully into the issues involved.
Partial Dissent.
Associate Justice McReynolds.
while not dissenting from the court 5
opinion, said he confined his "con-
clusions to the fact that it is impos-
sible to say what construction should
be given to the eighteenth amend
ment. A multitude of questions viii
arise and prefer to remain fre when
they arise"
Associate Justice McKenna is still
another opinion said:
"The court declares conclusions
only without giving reasons for
them. must at least excuse If I can
not Justify my dissent
History of Cases.
Validity of the prohibition amend
ment and portions Of the enforce
ment act was involved in seven sep
arate proceedings before the supreme
court. Two Of these were original
suits brought by Rhode Island and
New Jersey as sovereign states to
enjoin enforcement in their jurisdic-
tions upon the grounds that both en-
actments were unconstitutional. The
other cases were direct appeals from
lower court DEGREES.
Steps to institute the suits were
taken Immediately after the amend
ment became effective on Jan. 16 a.i
on motion Of counsel their considera
ton was expedited.
In both the Rhode Island and New
Jersey silts the validity of the
eighteenth amendment was attacked,
but the New Jersey case also alleged
that even if the amendment were
valid, the enforcement act was un-
constitutional because it had not
been concurred in by New Jersey
under provisions of the amendment
giving the federal and state govern
ments concurrent power to enforce
prohibition. New Jersey also con-
tended that if the entire enforcement
portions of it limiting alcoholic con-
tent of beverages to less than one
half of one per cent and relating to
the dispensing of liquors for medi-
cinal purposes were invalid
The cases reaching the court on
appeals were those of the Kentucky
Distilleries and Warehouse Compa-
MES; Christian Feigenspan, a New
ark, N. j., brewer; the st. Louis
Brewing Association and George c..
Dempsey, a wholesale liquor dealer
of Boston, Mass, who lost Injunction
proceedings in the lower court. The
other case before the court was an
appeal by the government from a
decision Of Federal Judge Geiger en-
joining federal officials from inter-
fering with the Manitowoc Products
Company. a Wisconsin corporation.
In the manufacture oS seer contain