The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1920-06-11
DRY LAWS STAND,
HIGH COURT RULES
Eighteenth Amendment and Vol
stead Act Are Approved.
HOPES OF VETS ARE ENDED
Supreme Court Is Unanimous in Up
holding Prohibition Constitutional
chanoe-RuIing Made in Test
Cases From Several States.


Washington, June 8.-BOth the fed
eral prohibition amendment and the
enforcement act passed by congress
were held constitutional by the Su-
preme court Permission to file mo-
ton asking for a rehearing was grant
ed by the court.
The opinion was rendered by Asso-
ciate Justice Van Devanter. The Opin-
ion was quite short. Chief Justice
White rendered a 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
vOlved was unanimous. Associate JUS
tees McKenna, McReynolds and
Clark, however, dissented in 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.
InjunctfOns restraining prohibition
officials from interfering with the
ManitOwOc Products company, a Wis
cOnsin 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 it was revolutionary and
was really legislation in the guise of
q constitutional amendment.
Ruling of Supreme Court.
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 a declaration.
"The twO-thirds vote i'm 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 of state
constitutions and statutes cannot be
applied consistently with the COnsti-
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
ticle of the Constitution.
"That amendment by lawful prOpOs-
al and ratification has become part
of the Constitution, and must be re-
spected and given effect the same as
other provisions of that instrument.
"The first section of the amendment
the one embOdying the prohibition
lis operative throughout the entire ter
ritOrial 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 a territorial assembly-which au-
tories or sanctions what the section
prohibits.
"The second section of the amend
ment-the one declaring the congress
and the several states shall have con-
current power to enforce this article
by appropriate legislatiOn'-dOes not
enable congress or the several states
to defeat or thwart the prohibition,
but only to enforce it by appropriate
means.
Defines Concurrent Power"
''The words, concurrent power In
that section do not mean joint power
or require that legislation thereunCer
nv congress. to be effective, shall be
annroyed 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 sew
eraI states along the lines which sep
arate or distinguish foreign and inter-
state commerce from intrastate af-
fairs.
"The power confided to congress by
that section, while not exclusive, is
+orr;+oriaIIv cOeXtpnSiVe with the pro-
hibition of the first section, embraces
manufacture and other intrastate
transactions as well as importation,
exportation and interstate traffic"