The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1920-06-09

SoiSicoo cf'Cu ny a IWO-CnlfuS vote,
Of a joint resolution proposing an
amendment to the constitution suf-
liciently shows that the proposal was
deemed necessary by all who voted for
| it. An express declaration that they
regarded it as necessary is not essen
tial. None of the resolutions whereby
prior amendments were proposed con-
tanned such a declaration.
"The two-t thirds vote in each house
which is required in proposing an
amendment is a vote of two-thirds of
the members present, assuming the
presence of a quorum--and not a vote
of two-thirds of the entire member
ship present and absent Missouri Pa
cific Railway Company VS.. Kansas, 24S
U. S., PIG.
Cannot BE Applied
"rhc referendum provisions Of State
constitutions and statutes cannot be
! applied consistently with the Consti-
tuition of the United States in the
ratification or Rejection of amendments
! to it. Hawke VS. Smith. U. S. Decided
June / 1920.
THE prohibition Of the manufacturc
sale Transportation importation and
I v"por;ation Of intoXicatin9 liquors for
beverage purposes, as embodied in the
eighteenth amendment, is within the
power to amend reserved by article Z
| Of the constitution.
"rhat amendment BY lawful pro-
pOsai and ratification has become a
part Of the constitution and must be
respected and given effect the same as
other provisions Of that instrument.
"Thc first section Of the amendment
the one embodying the prohibition
is operative throughout the entire
territorial limits Of the United States
binds all Legislative bodies, courts,
public officers and individuals with
in those limits, and Of its own force
! invalidatcs any legislative act, whcth
en- by Congress, by a State Legislature
or by territorial assembly, which
authorizes or sanctions what the sec
ton prohibits.
Must Enforce Amendment
The second section of the amend
! ment-the one declaring "thc Congress
and the several States shall have con-
current power to enforce this article
by appropriate Observation-Disclosures not
enable Congress or the several States
to defeat or thwart the prohibition,
but only to enforce it by appropriate
means.
"The words concurrent power" in
that section do not mean joint power,
or require that legislation hereunder
by Congress, to be effective, 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 sew
eral States along the lines which
separate or distinguish foreign and
interstate commerce from intrastate
affairs.
"The power confded to Congress by
that section, while not exclusive, is
terrltorlally cO-extensive with the pro
hibition of the first section, embraces
manufacture and other intrastate
transactions as we'll as importation
expectation, and interstate Office, and
is in no wise depended on or affected
by action or inaction on the part of
the several States or any Of them.
"That power may be assorted
against the disposal of beverage pur-
poses of liquor manufactured before
the amendment became effective, yet
as it may be against subseauencc
manufacture for those purposes. In
either case it is constitutional man
date or prohibition that is being en-
forced
Recognizes Limits.
"While recognizing that there are
limits beyond which Congress cannot
go in treating beverages as within its
power Of enforcement, we think those