New-York tribune., 1922-12-12
/, S. Holds Dry
'CCulprits Liable
To
...,.. Federal Governments
s'i1s' So,h May Punish Single
v:~I.,;on po' of Prohibition
,s~s. High Court Rules
c.n, Double, Says Taft
e.. Act May Constitute
''l1's Two Oaenses, He Decides
n M Pacific Bootleg Cases

-,,.,.<'t Wdsht"gfor h~feo1
sr'r .,n,,,,cToN. ~ Dec. 1.-The doc
SAss',,S y s.sbl, punishment was aatly
,s fi'' q ~ .hs supreme Court Of the
Pa'la P, s,.,,, y today when il ruled that
nl''a o., y,d.ral government and the
~. ~ " ,.v.rnmsn, may punish viola
-. n the prohibition 'a~s'
Cons q ~ -. TIA, oi Arthur Msgrine
ID, ,','. Sa'' o,s,r. vso we're charged by
.Sa sa ros.,.r los, .i, District cour in the State
's' r..sias.on S..s with making transport
o. "s's'as .s'.,,sirr liquors and having
inr 1 s9' Ss.',nst'.s p. s.tss,s pointed ou. that
~. -, sssrrss had been brought
ne 'an, n the Superior Court Of
sgsiaf = '1.snty, Washington, and
sasks5I s.5 A,rn fhed $3.50 on each count
ley ~ "a t6st they could not twice be
ny IN n Jeopardy and subjected TO
..isbments for the same acts
w ,i,ler tse national prohibition law
es ~ M otber under state prohibition
~, E The Supreme Court took a dif'
isferi view.
DIV Policy National, Taft Rules
NH Justice Taft. speaking for th'
Dgrt, said;
.iS ~. amendment was adopted foi
a, surpose Of establishing prohibition
!, rational policy. reaching ever,
~ A the United States and affecting
,,sraai ons which are essentially 10
,,i sf intrastate, as we'll as those per
..;.i,r to interstate or foreign com
-,,e,' The second section means tina
.,.,r 70 take legislative measures &
-, The policy effective shall exis
/. csrrress in respect Of the territoria
~, of the United States and at thu
~, time the power Of the severa
r,,s, within their territorial limits
i,1 not cease to exist.
.f,ek state, as also Congress, MAJ
.,.,.is an independent judgment ir
.srtirg and shaping measures TO en-,
-, ,rohibitiOn. Such as are adopted
q corgress become laws OF the
2.asl states and such as are adopted
s,a.e becomes laws Of that state
~, nav vary in many particulars
,gssing the penalties prescribed, but
N, q an inseparable incident Of inde-
..,5srt leziNative action in distinct
isrisditti0n.
10 wurd the amendment as the
,,.r,, Al the power of the states to
,so,, and enforce prohibition meas
-,,s /. 10 take a partial and erroneous
,svd ths matter. Save for some re-
,,,,ios, arising out Of the Federal
cos,tig.icn. chiefly the commerce
,l,sW ,.,A state possessed that power
n isr rsuuTe prior to the amend
rsu.. sud he probable purpose Of de-
ttrlns eoheBnent power 10 be in the
1i,.e, sss 10 sesative a possible infer
eree ftsi inrfsting the national gov
erueni rfi the power Of country
Va prohibition state powers would be
0dg}si
IN effect. the second section OF the
Eighteenth Amendment puts an end
10 res.nfiions upon the states powers
rising out OF the Federal Constitution
I'd lsii her free TO enact prohibition
iEl applying TO all transactions with.
her limits. To be sure, the FIRST
seton Of the amendment took from
es states all power TO authorize act'
klitg within its prohibition. but It die
VI ssi down or displsce prior state
svs ra inconsistent with il.
Two SovereiRnties Active
n, have here two sovereignties, de-
is-f power from different sources
anis q dealing with the same sub.
lss natter within the same territory