, 1927-02-09
ASSISTANT ATTY GEN.
SURE THAT PROHIBITION
ON FIRM FOUNDATION
(From the Union signal)

The great part that the courts,
especially the Supreme Court of the
United States. have played in the
holding of prohibition laws in the
states and the nation through all
the years was most .charmingly told
by Mrs. Mabel Walker Willebrandt,
Assistant Attorney General of the
United States, at the Wednesday
session of the Conference. Liken-
ing court discussions to a great dixie
built up with deep and well ground
ed foundations, was a happy figure
to carry the facts and legal phrases
in attractive style.
!, Unhappily, Mrs. Willebrandt
spoke without manuscript and we
must merely brief and paraphrase
with the great danger of misquot-
ing, and mixed figures. But the de-
velopment of the idea was in gener-
al this: She said that she liked
to think of the courts as a great
defense, a dixie, shutting out law
lessness, with foundations deep and
wide resting on the Constitution of
the nation. In some such words as
these she continued:
In earlier times when the dangers
were fewer, we set the dixie close
to shore, but as there has grown up
a new kind of lawlessness we must
build further out. The national part
of the dixie against liquor law VIOLA
lions has been building for seven
years, but this recent structure is
but a few rocks thrown in on the
top of the wall built on foundations
sunk deep and wide by local deci-
sions for all the a of state pro-
hibition. This great national dixie
will hold because of these state
foundations. In Kansas foundations
were laid way down. deep. Rocks
from other states were added n
after another. The last additions
are but rocks thrown ON top be-
cause of a surface ripple made by
the Eighteenth Amendment. Don't
be worried over this.
Whether prohibition will stay de
Ponds on the Interpretation of the
courts, knitting it closer to the body
of the Constitution, and there is
every cause of rejoicing and encour-
agement in the court opinions of
the last wen years. Since 1929
there have been forty-one great de
cisions. In excuse for my choosing
this dry subject about laws and
courts today, let me say that 1 have
argued thirty-four. I lost four
in opinion, which losses were gainG
in many ways for they won for me
"a chance to argue before the court.
In passing, let me pay tribute to
the Woman's Christian Temperance
Union by saying how wisely you
built in Kansas. Two great opin-
ions came out of Kansas which have
been the strongest foundation
stones: Butler versus Kansas, over
forty years ago; and Crane versus
Campbell, in which latter opinion
written by Justice McReynolds we
hear that the whole arm of the Gov
eminent may be used to stamp out
the evils of this offensive traffic.
The anti-prohibitionists say that
the National Prohibition Act must
be amended so as to weaken 1t. The
Supreme Court of the United States
has settled that by holding that
one-half of one per cent is a reason
able definition, within the discre-
ton of Congress. They contend
that the Government cannot collect
revenue from outlawed traffic. Jus
tice Holmes has rendered the opin-
ion of the Supreme Court that the
Government can tax that which It
ease. because of a divided court. a
chance was given to argue section
&c twice, after which it was de-
clared appropriate legislation upon
which the theory of taxation may
rest. They say the Lambert versus
Yellowley decision may be consider
ed the bred Scott decision OF pro-
hibition. They forget hat these
two cases are lot alike.
Also all the arguments that have
been advanced against the National
iohioilioi Act nave DeeH answer
ed by the Supreme Court of the
United States. If the public were
not ignorant of these facts, the wet
arguments would lot get very far.
Therefore, I say to you that the
principles of the Eighteenth Amend
ment are safer and safer every day;
and that the National Prohibition
Act, whatever its limitations may
have been, does not need a single
additional piece of legislation ex-
cept greater penalties. I'm frank
to say that the National Prohibition
Act covers too many subjects and
that 1t would have been better to
have had fawar nninfr md IN haro