The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-06-07

| lnlunctlOnS restraining prohibition Of
| ficials from interfering with the Mani
towoc Products company, a Wisconsin
| corporation, in the manufacture of beer,
| containing more than one half of one
| per cent of alcohol were dissolved by
| the court.
crees dismissing proceedings brought
| to enjoin the prohibition amendment
| from being enforced against Christian
Feigenspan, brewer of Newark n. j,
Federal court DEGREES denying similar
| injunctions sought by the st. Louis
| Brewing association likewise were af-
| firmed
| The opinion was rendered by Asso-
| ciate Justice Vandevanter. The court S
opinion was very short, setting forth
GnV the courts conclusion, Chief
| Justice White rendered a supplemental
opinion concurring in the one rendered
by Justice Vandevanter, but going
more, fully into the issues involved.
Federal court DEGREES dismissing in
| junction proceedings instituted by the
| Kentucky Distilleries and Warehouse
company of Louisville Ky, to enjoin
enforcement of the act against it were
sustained by the court. Injunctions
sought by George c. Dempsey, a Bos-
ton Mass, wholesale liquor dealer, TO
restrain enforcement of the enforcement
act against him were also denied by
! the court.
Associate Justice McReynolds, while
not dissenting from the courts opinion,
said he confined his Conclusions to the
fact that it is impossible TO say what
construction should be given to the
eighteenth amendment. A multitude
of questions will arise and I prefer to
remain free when they arise"
The court held as follows:
"One-The adoption by both houses
of congress, each by a two-thirds vote,
of a joint resolution proposing an
amendment TO the constitution suffi-
| GENTLY shows that the proposal was
deemed necessary by all who voted for
it. An express declaration that they re-
| garded it as necessary is not essential.
None of the resolutions whereby prior
amendment were proposed contained
such a declaration.
"Two-The two thirds vote in each
| house which is required in proposing an
amendment is 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. missouri Pacific
| Railway company VS., Kansas 24S, U. S
276)
"Three-Thc referendum provisions of
state constitutions and statutes can not
be applied. consistently with the con-
stitution of the United States in the
| ratification or rejection of amendments
to it. Hawke VS.. Smith, U. S., decided
June !, 1920.
"Four-The prohibition of the manu-
facture, sale, transportation. importa-
ton and expectation of intoxicating liq-
uors for beverage purposes, as embed
led in the eighteenth amendment, is
within the power to amend, reserved
by Article V of the constitution.
! "Five-That amendment by lawful
proposal and ratification has become a
part of the constitution and must be
respected and given effect the same as
other provisions of that instrument.
"Six-The first section of the amend
ment-the one embOdying the prohibi
TOMS operative throughout the entire
territorial limits of the United States,
binds all Legislative bodies, courts, pub
lie officers and individuals within those
limits, and of it's own force invalidates
any legislative act-whether by con-
gress, by a state legislature or by a
territorial mbly-which authorizes
or sanctions what the section prohibits
"Se3en-The second section of the
amcndment-the one declaring the con
gress and the several states shall have
concurrent power to enforce this article
by appropriate legislation does not en-
able congress for the several states tC
defeat or thwart the prohibition, but
only to enforce it by appropriate means