The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-02-23
YEAR 1921 n ABOUNDs IN BIG LEGISLATIVE
AND JUDICIAL TEMPERANCE ACHIEVEMENT
Willis Campbell Prohibiting Medicinal" Beer Big Card in
Legislative Field Courts Lead Of With
Important Dry Decisions
BY w. b. Wheeler, LID. Nat. Atty.

/. II. ~, dItlutu AldS ~ isE !.
Seven-ycar limitation upon ratifica-
ton did not invalidate Eighteenth
amendmcnt-amendment effective one
year after ratification. not date OF
PRONUNCIATION by Secretary OF State.
un,.ed States V. Nugnovieh, $50
|. s. $50. 65 l.. Ed. 1,04S, decided
June l. 1921. liquors illegally manu-
featured or sold may nevertheless be
subject to tax: penal provisions OF Il.
S. Sections 5,257, 1910 5.2sl and
1892 held repealed as to beverage
liquors.
Lewinshon V. United States e. {.
y. 9TH Cir) 27S Fed. AL. eertiorari
denied, 258 L. S. -, u Ct, 4o3, 90
/. Ed. -: Provisions of Nolstead Act
providing for abatement of nuisance
sustained; decided November 30. 1921.
Important Legislation in 1922.
In 1922 the principal legislation
consisted OF appropriation bills max
ing the appropriation OF S9,250000 for
the enforcement OF Prohibition during
the year ending June 80, 1925. There
was also included in the appropriation
bill for the Justice Department. Pub
lie Law 229 OF the 9th Congress, a
provision setting aside 100000 for the
employment of special attorneys for
the enforcement OF the National Pro
hibition act. An amendment was Sc
cured to the act making appropria,
tons for the Treasury Department
providing that the Commissioner OF
Internal Revenue might provide for
the concentration of liquor stored in
the various bonded warehouses of the
United States.
The act OF September IL. 1922,
provided for the appointment OF an
additional Circuit Judge for the
Fourth Circuit and Tor twenty-four
addition District Judges OF the United
States in order to relieve the con-
gcstion upon the dockets OF the Fed
eral courts.
Important Court Decisions For 1922.
Cornell V. Moore. |. 5. Su. Ct,
ADV. Op. 1921, No. 8. Page 2l5, de
eided January 30, 1922. Liquor in
bonded warehouses (gov'D may not
be Withdrawn for personal beverage
use. home OF owner-no matter when
acquired.
Nigliotti V. Pennsylvania, [. S. Su.
Ct. ADV. OPP, l92l-22, No. Is. Page
$3.50, decided April 10, 1922. Brooks
License law sustained appropriate un-
der Eighteenth Amcndment-thoug
enacted prior to national Prohibition
and containing definition OF intoxi-
eating liquors broader than national
Prohibition act; indictment sale with
out license will lie.
Grogan Y. Walker, Anchor Live V
Aldridgc, L, s. Su. Ct. ADV. OPP, 1921
No.l5. Page 5ll, decided May Is. 1922
Shipment OF liquor through United
States one foreign nation to another
unlawful Notwithstanding Section
3o05 II. S. and treaty with Great
Britain OF 1871
Lipke Y. Lcdercr L. S. Su. Ct. ADV,
OPP, 1921, No. II, Page OH, decided
June 5, 1922. Injunction will lie to
restrain collection OF penalty under
Section s. as a penalty--not within
X. S. Section 1924 where sought 20
be collected without due process OF
law
Regal Drug Company Y. Wardell,
|. 5. Su. Ct. ADV. OPP. 1922. No. 5,
Page 80, decided December II, 1922
Tax under Revenue act 1918 and tax
Section IS National Prohibition act
not collectable by distraint; injunc-
ton will lie where averments OF bill
not denied, controlled by Lipke Y.
Lederer. This decision will probably
be modified by the case OF L. s. Y,
Stafiof decided Jan. ;, 1922.
United States V, LAMA, Barto, ct
al. |. S, Su. CT. Adv. Op. 1925, No.
5. Page 100, decided December II,
1922. Prosecution by state not a bar
to prosecution by United States;
States not deprived OF police power
by Eighteenth Amendment.