Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1920-06-11
SUPREME court
O,K.'S DRY LAWS
both Federal Prohibition Amend
ment and Enforcement
Acts UpheId.
INJUHCTIOAS ARE DISMISSED
Highest Tribunals Opinion Very Short
Setting Forth Only Its Conclusions
Federal Court DEGREES
Sustained.

Washington. June 9.-Both the fed
eral prohibition amendment and the
enforcement act passed by congress
were held constitutional hy the Su-
preme court. Permission to file mo-
tion asking for rehearing was grant
ed by the court
The opinion was rendered by Ass0-
ciate Justice Van Devanter The opln-
ion was quite short Chief Justice
White rendered supplementary de-
cision, concurring in the opinion OF
Justice Van Devanter. but going more
fully into the issues involved. The
courts opinion on the main issues in
y0lved was unanimous Associate Jus
tices McKenna, McReynolds and
| Clark, however, dissented i'm part.
The court dismissed petitions filed
by the state of Rhode Island to have
federal officials enjoined from enforc-
Ing prohibition in that state, and dis
missed injunction proceedings brought
by the state of New Jersey to prevent
enforcement of prohibition within that
state.
Intunctions restraining prohibition
officials from interfering with the
Manitowoc Products company, a Wis
censin corporation. in the manufac-
ture of beer containing more than one
half Of l per cent of alcohol were dis
solved.
In all the cases a general attack on
the amendment was made on the
ground that 1t was revolutionary and
was really legislation in the gulse of
a constitutional amendment
The court held as follows:
"The adoption by both houses of
congress, each by a two-thirds vote, of
a joint resolution proposing an amend
ment to the Constitution sufficiently
shows that the proposal was deemed
necessary by all who voted for it. An
express declaration that they regard
ed it as necessary is not essential.
None of the resolutions whereby prior
amendments were proposed contained
such declaration.
"The two-thiIds vote in each house,
which is required in proposing an
amendment, Is a vote of two-thirds Of
the members Notwithstanding the
presence of a quorum-and not vote
of two-thirds of the entire membership
present and absent.
''The referendum provisions Oh s,ate
constitutions and statutes cannot be i
applied consistently with the Constl- |
tuition of the United States in the rati- |
fication or rejection of amendments |
| to It.
'"The prohibition of the manufac. |
ture, sale transportation, importation
and expectation Of intoxicating liquors |
| for beverage purposes, as embodied in |
the eighteenth amendment. is within !
the power to amend reserved by ar
ticIe 5 of the Constitution.
"That amendment by lawful propos-
al and ratification has become a part |
of the Constitution, and must be re-
spected and given effect the same as
other provisions of that instrument.
1.-THE first section of the amendment |
the one embodying the prohibition
is operative throughout the entire ter |
ritoria limits of the United States. |
binds all legislative bodies. courts, |
public officers and individuals within |
those limits and OF its own force In |
validates any legislative act-whether |
by congress, by a state legislature, or
by territorial assembly-which au-
tOrizes or sanctions what the section |
prohibits.
'aThe second section of the amend /
ment-the one declaring the congress
and the several states shall have con |
current power to enforce this article /
nv appropriate legislation'-does not /
enable congress or the several states
TO defeat or thwart the prohibition. |
but only t. enforce 1t 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. shaU be
approved or sanctioned by the several
states or any Of them; nor do they
mean that the power to enforce IS d.
vided between congress and the sev-
erai states along the lines which sep
arate or distinguish foreign ard inter
state commerce from intrastate af.
fairs.
''1'he power confided to congress by
that section, while not exclusive, IS
territorially coextensive with the pro-
hibition Of the first section, embraces
manufacture and other intrastate
transactions as well as importation,
expectation and interstate traffic"