The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-03-08
BATTLE
/ 1 Of VETS
| | STARTED
ilidity Of Constitutional Pro
hibition is Attacked in
U. S. Supreme
Court.
STATES RIGHTS ISSUE
Decision Not Expected Before April
or Later After Most Bitter
Legal Strug-
gle.
STATES RIGHTS ISSUE

iIUnited Press Leased Wire SerVlce.1
WASHINGTON, March S.-The
validity of constitutional prohibition
will be fought out in legal battle
of attorneys for the federal govern
ment, the dry states, the wet states
and liquor interests in the United
States supreme court today. A de-
cision is not expected before April
or later.
One of the greatest attacks ever
made on any statute or part OF the
constitution has been directed
against the dry laws by the wet
forces. It has drawn a vigorous de-
fense of prohibition from the federal
government and by organization.
The issue today centers on
whether prohibition is a valid sub
iect for an amendment to the consu-
tuition and whether the Volstead lazy
enforcing the amendment is constl-
tutional. Probably twenty-five angles
of attack have been launched against
the two.
The contests over prohibition have
developed into legal battle between
various states and between the fed
eral government. The issue is in
reality states rights and bears a
striking similarity to the historic
question of civil war days. In fact,
one of the briefs for the liquor inter-
ests declares the issue now before
the court is more important than the
famous "dred Scott decision which
upheld states rights before the war.
The lineup in the court today finds
Rhode Island vigorously contesting
wHiJn
posed to it are the federal govern
ment, twenty-one prohibition states
represented by Charles e. Hughes,
and the Anti-Saioon league.
New Jersey today will ask the
court for permission to bring a suit
similar to that Of Rhode Island.
Two cases in addition to the Rhode
Island suit will be heard today. They
are appeals from Massachusetts, and
Kentucky federal courts which up
held prohibition and which were
brought to the supreme court by
George G. Dempsey, a New England
liquor dealer today and the Kentucky
Distilleries and Warehouse company,
The New Jersey case probably will
not be argued before April 1 and the
court has tentatively set April IL as
the date for argument on appeals
from Ohio, which will determine
whether states can by referendum
withdraw their ratification of the dry
as that state has already
done.
The government will be represent
ed by Solicitor General King, AS
~,
backed by Hughes and Wayne B.
Wheeler, of the Anti-Saioon league.
Herbert A. Rice, attorney general
for Rhode Island, will argue for mis-
state and attorneys for the liquor
interests are William Marshall Bull
lit, New York; Levy Mayer, Chi
cago, and P. H. Kelley, Boston.
In his brief for the brewers, Root
made the following contentious:
"The so-called eighteenth amend
ment as mere legislation will be no:
within the authority vested in con-
gress and the legislatures OF three
fourths of the states by article five
of the constitution. ..
article five Of the constitution of
the United States does not authorize
any amendment which directly or in
principle tends to impair and destroy
the reserved police or governmental
powers Of the several states and
their right to local self-government.
"It does not appear that two-thirds
of the houses of congress deemed
this so-called eighteenth amendment
necessary.
"The so-called eighteenth amend
ment has not been ratified by three
fourths Of the several states.
"The alleged eighteenth amend
ment vests concurrent power in the
several states for its enforcement,
which has been disregarded by the
passage Of tbs volstead law.