The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1920-06-24
SUPREME COURT
ON PROHIBITION

stitution and the Volstead enforce
ment statute is concerned, when the
supreme court rendered its decision
in a number of cases designed to tes'
the legality of both the amendment
itself and the congressional statute
for its enforcement. On the latter
point the decision of the court is
not quite clear, it is true. They
say that there is a limit somewhere
to what congress may forbid in the
way of drinks under the guise OF
laws preventing the sale of intoxi-
eating liquors, but they do not hold
that the Volstead act defining the
amount of alcohol they may contain
at half of one per cent transgresses
that limit and they do hold that con-
gress may legislate in any way they
find necessary to enforce the consti-
tutional prohibition against the sale
of Intoxicating liquors. They also say
that the ~"concurren" power to pro-
hibit Intoxicating liquors granted by
the states to the federal government
is not a "joint" power, and this is
taken to mean that it is a power SUI
perior to that reserved by the states
and that the state laws which permit
the sale of 2.75 per cent beer are
therefore unconstitutional.
There remains, therefore only one
hope for the vets, and that is that
congress may amend tie Volstead
enforcement statute in such a way
as to permit of light wines and beers
on the ground that they are not in
toxicating liquors, and that such
amended statute will be held by the
court not to defeat the purpose of
the prohibition amendment to the
constitution. On that point the
court specifically says that neither
congress or any state has a lawful
right to legislate in any way that
will defeat the purpose of the con
stitution to prohibit the sale of in
t%oxicating liquors.
The situation is rather a hopeless
n for the present for the vets. 1t
would take a two-thirds vote of con-
gress and the state legislatures to
repeal the Eighteenth amendment.
That is not a practical possibility in
the present state of public opinion.
And so long as the constitutional
remains in the funda-
mental law of the land there is no
power in congress or the several
to do anything that will defeat
its purpose.
The decision has given the drys
great joy. William ]. Bryan is jubil-
ant over it, as he has good right to
be, and all prohibitionists will share
his pleasure. On the other hand.
those citizens who hoped for some
relief from the arid conditions in
his country must be corresponding
depressed. 1t is true they may
succeed in amending the Volstead en-
forcement act so as to permit of a
anger percentage of alcohol in beer
and wine, but if they do succeed
is nc doubt the bone dry pro-
libitionists would test the constitu-
ionality of such amendment in the
supreme court, and judging from the
language of the decisions Just hand
ID down by the supreme court, no
in the law that would permit
he thirsty soul to enjoy the pleasure
hat old King Cole used to indulge
What the vets really want is a
rink with a kick in it and the SUI
rene court has told them that no
'ower rests in the government to
ure that need of theirs so long as
he prohibition amendment is a part
# the constitution of the United
The supreme court has the
asst word on this question, and it
lands squarely in the way of the
IAN with an alcoholic thirst as at
resent constituted. Even supreme
ourts have changed their minds and
eversed former decisions in the past
ut that hope is a mighty slim one
I the present circumstances. Old
ing Booze is legally dead as far as
supreme court is concerned, and
bootlegger is the only resource
1T those who would indulge in al
oholic stimulant unless they provide
themselves. Neither of these
lethods are lawful and the man who
eeks to use them takes chances of
'sing his personal liberty.-Great
alls Tribune.
"Hilda," said Mrs. Suburbs to her
aid of all work, that black hen is
A. o111 ILL C1