The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1932-12-02
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PEOPLES FORUM
EXPRESSION or views
ON PROHIBITION LAWS

EEhC0f Ene CltlZen:
| Article 6, Section 2 Of the
Federal Constitution provides that
Es'this Constitution, and the laws of
1.-THE u. S. which shall be made in
pursuance thereof and all treaties
made, or which shall be made, UNI
Edef the authority of the u. 8.
sshall be the Supreme Law of the
LAND; and the judges in every
State shall be bound thereby, any
thing in the Constitution or laws
tof amy State to the contrary not
understandings"
i From the above authority, we
must concede that all laws which
iare repugnant or inconsistent with
the Federal Constitution or the
| laws made in pursuance thereof,
would be imperative.
The Volstead Act provides that
I.the phrase intoxicating liquors
shall be construed to include al
icohol, brandy, whiskey, rum, GIN,
beer, ale, porter and wine, and in
addition thereto any spirituous,
vinous malt or fermented hqrof,
Liquids and compounds whether
indicated, proprietary, or not.
and by whatever name called, con-
tanning one-half of one per centrum
or more of alcohol by volume
which are kept for use for bever-
Iage purposes"
Florida with less elaboration I'M
Its definition of intoxicating
liquors declares by Section 1913
Compiled General Laws that in
itoxicating liquors shall be "All
drinks, beverage or alcoholic
liquors, for beverage purposes,
containing one-half Of one per
cent of alcohol, or more, by
volume at sixty degrees Fahren-
heit, and all Intoxicating liquors
and beverages, whether spirituous,
vinous or malt, shall be deemed
and held to be within the prohibi-
ton of this article"
Both of the above enabling
statutes were enacted for the
specific purpose of enforcing and
carrying into effect the provisions
of the 18th and 10Th amendments
of the Federal and State Constitu-
tions respectively.
In analysing both of these
statutes, we can readily recognize
the consistency and harmony Of
both.
Assuming now that congress at
it's next session, acts in accordance
with public opinion and enacts a
law modifying the Volstead Act,
|legalizing the sale etc. of light
wines and or a per cent beer.
Then in accordance with article 6,
Section q as cited above, 1T would
be the Supreme Law Of the land,
dominant and paramount to all
others, the State Constitution and
laws Notwithstanding.
In view of the above could it
be said that the citizens of Florida
would be required to wait for the
next general election in 1886, or
even the next session Of the Flor
ida legislature, to decide whether
or not Florida is to have light
wines and beer, because it has in
|scribed on the pages of it's Con-
|stitution and laws, provisions pro-
lhibiting the sale, manufacture,
etc. of Intoxicating liquors.
While I may be in error in my
contention, I take the position that
upon the modification of the Vol
stead Act by the congress, the
state enabling laws Of prohibition,
would by virtue of the federal law
become imperative because of it's
Inconsistency and conflict with the
Supreme Law of the land. In
other words granting that con-
gress modifies the Act, legalizing
the sale etc. of beer containing 3
or a per cent, and that the state
law prohibiting the sale etc. of in
Itoxicating liquors containing, more
than orie-haf Of one per cent is
left intact. 1t is obvious that it
would be inconsistent and repug-
nant to the federal law. There
fore unenforcible. See Hall versus
Moran 81 Fla. Reports Page 706.
The 18th Amendment to the
Federal Constitution provides that
mo state shall make or enforce
any law which shall abridge the
privileges or fmmunities of citizens
Iof the United States. Therefore,
Iif the congress should modify the
Volstead Act, legalizing the sale
of beer, that privilege would ex-
tend to all citizens of the United
States and not to any particular
class. and by virtue of the 18th
Amendment could noe be denied