The Birmingham age-herald., 1920-06-08


 MAJ. GEN. LIE
 Who was born in Winchester, N. H.
 the republican nom amendment became effective, just as it may be against subsequent manufac- ture for those purposes. In either case it is a constitutional mandate. or pro- hibition that is being enforced
 "11. While recognizing that there are limits beyond which Congress cannot go in treating beverages as within it's power of enforcement, we think those limits are not, transcended by the pro- vision of the Volstead act, wherein liquors containing as much as one- half of 1 per cent of alcohol by volume and fit for use for beverage purposes, are treated as within that power Jacob Ruppert vs. Caffey, 251 U. S. 264.''
 DISSENT IN PART
 While agreeing as to the validity of the amendment and enforcement act, Justices McKenna and Clarke dissent ed from the majority interpretation of the concurrent power of federal and state governments to enforce prohibi- tlcn. Chief Justice White held that the court should set forth the reasonin g for it's decision. He did this in sup plemental opinion.
 Justice McReynolds, in a brief state ment, declared he was of the opinion that 1t was impossible to say at this time what construction should be given to the amendment. He added that be cause of the bewilderment which the creates" he preferred to re- main free to consider the multitude of questions which will inevitably arise and demand solution"
 The decision set at rest contentious laid before the court that the amendment could not affect alco- holic liquors manufactured prior to January 16, when the amendment be- came effective.
 The court held that the amendment applied to such liquors the same as any produced after that time.
 Regarding arguments to the effect that state having constitutional ref el endum provisions could not have been said to have ratified the amendment until 1t had been submitted to the voters. the court cited it's opinion rem dered last Monday in the Ohio referen- dunn cases, in which it held that such provisions do not apply to the federal amendments
 Only one prohibition case of impor-
  peal from New York involving the con- of portions of the en- forcement act prohibiting storage in of intoxicating liquors de- signed for personal use.
 This case was argued this spring. but with the courts adjournment today for the summer cannot be decided before October at the earliest.
 Justice McKenna took the position that by the term "concurrent power equality of power between the states and federal government was given to enforce national prohibition
 PART OF CONSTITUTION
 "The Eighteenth amendment" he said "is part of the constitution and as potent as any other part of it. Sec tion 2, therefore is a new provision of power, power to the states as well as to Congress, and it Is 3 contradiction to say that power constitutionally concurrent in Congress and the states in some way becomes constitutionally in the states to Congress.
 Section was amended in the House upon recommendation of the judiciary committee and the provision giving concurrent power to Congress and to the states was necessarily esti- mated and intended to be additive Of some thing. .. . The addition to Section was a conscious adaptation of means to the purpose It changed the relation between the states and the national government. The lines of exclusive power in one or the other were removed, and equality and com munity of poNr substituted. :. From these premises the deduction seems inevitable that there must be united action between the states and Congress, or at any rate, concordant and harmonious action. And will not such action promote better the pur- pose of the amendment? Will it not bring to the enforcement of prohibi- tion the power of the states and the power of Congress. make all the in strumentalities of the states, its courts and officers. agencies of the enforce ment as well as the instrumentalities of the United States, it's courts and of- fices, agencies of the enforcement?
 CANNOT ASSENT
 Tt is however urged that to re- quire such concurrence is to practi- cally nullify the prohibition of tho for without Legislation its prohibition would be intellectual and that it is impossible to secure the-con- currence Of Congress and the states in legislation I cannot assent to the The conviction of the evils of intemperance-the eager and ardent sentiment that impelled the impel its execution through Congress and the states"
 Chief Justice White, in a concurring opinion. said:
 q profoundly regret that in a case of this magnitude, affecting as it cces an amendment to the constitution, dealing with the powers and duties of the national and state governments and intimately concerning the welfare of the whole people, the court has deemed it proper to state only ulti- mate conclusions without an exOosi- tion of the reasonings by which they have been reached.
 T appreciate the difficulties which a solution of the cases involved and the solicitude with which the court has them. but it seems to my mind that the greater the perplexities the greater the duty devolving upon me to express the reasons which lead me to the conclusion that the amend