The Manning times. (Manning, Clarendon County, S.C.) 1884-current, June 09, 1920, Section One Pages 1 to 20, Image 19
IN
SWPLY MASON, LON C
prudtc t w. 'TRfu A$St.
Pastime. '
JL
Reserved Se
WET FORCE HIT BY DECISION
Of U. S. SUPREME COURT
Frohibition Amendment an dEnforce
ment Act Held Constitutional in
U1 nann"ous Decision of
.J ustices
IS BEYONI) A REFERENDUM
Congress and the Several States
Should Enforce Law by Appropri
ate Means, Says Opinion.
Washington, June 7.--The prohibi
tion amendment and the cnforcenient
act were held consctitutional by the'
Supreme Court today in a unamimous
decision.
While attorneys for the interests at
tacking the two measures were grant
ed permisison to file motions for re
hearings, the decision was regardled
gcnierally as striking a death bWow to
0he hopes of the wets.
'he court's opinion, rendered by
.JustiC Vandevanter, was sweeping. It
held that the a mendilment not only
cvaime within tlie amending powers con
ferred by the federal constitution but
that it was lawfully proposed andi now
w1s th law of the ilnd. Whilel
ecuognizing that Congress has limiita
tions in reet to the enforemet
o)f laws rega rding heverages, the 'ourt
hlid those limits were not. transicen oded
in the enactnent of the en foreeoent.
act restricting alcoholic contents of
itoi ints to oie-hialf of one per cent.
While New York, New Jersey and
.Wisconsin acts permitting ma n ufac
tuie and sale of beverages (of more
than one-ha! f of one per cent alcoholic
colntenit were not directly involved the
decision was interpretedl as invali
dating them. The court said the first
section of the amendment of its own
force "invalidates any legislative act
whether by Congress by a State legis
lature or by a territorial assembly
which authorized or sanctions what
the section prohibits."
To Enforce Measure.
Concurrent p)ower granted by the
amendment to federal and State gov'
ognments to en force prohibition, the
court further held, '"does not enable
Congress or the several States to deC
reui, or thwvart prohibition but duily to
enforce it by ap~propriate means.''
The dlecision of the court was set
forth in eleven conclusions covering
seven separate proceedlinugs. These
proceedlings included original suits
brought by the State of Rhode Island
dlirectly attackeking the constitution
alty of the amendment.
The conclusions of the cout-t follow:
"The adoption by both houses of
a CAILLA
*Bland .
Cars of Character
SUTMTR, S. C,
HANUIY and CHAR LES 0611 iA d SUeMe front
L ISLAND*' A PAP-AMOUNT
bheatrc3-,,,=,= estil
INE 14th and 15
at Tickets Now on Sale at
onlgrress (dcli bay a two-thirds votel
Al a joint resolution proposing all
iamenldmnclt to the Constitution Su
iciently shows that the p~roposal was
lveee ieees-sarv, by all who voted for
it. Ali express delalration that they
iegardled it as necessary is not essen-1
Lial. None of the resolutions whereby,
pr-ior a mendl nents Were proposed coll
La inedl such a declaration.
''The two-thirds vote inl -eh houlsel
Wichd is require(d inl proposinag anl
.lme(lnient is a vote of two-thirds of
[it h me caicrb present, assumi ing tile,
presence of a quorum-and not a vote
If two-thiis of the -ntire aeniber
'til laesent and absent. 15lissaluri Pa1
atic e taisway Co n vs. Kansas, 24t
"1111ot1 B' AI)Iplie~d
f a joeit reseolutin provisions of Statnl
roe St itt i(to h end statut caplint 1w
alicely osistetatl with the onsti
tutio of the United States in the
Latiication or te rjection s of a erlaaaebtS
ta in. luawke vsSlait 11. US.1)evided
"'The two hiri do ( te i e nfacthorse
ichlt isnd' rquir m prposmg an
mdt all is avXicti Itiirds for
beOvet'l1t-a tal Ipasvs, as emb od ied inl the(!
te mIembelt p Ireen,'. asu im within the
potwerI to :irt'en.' v-t-rvd by articke 7
pencl of t! a l:as lwn e a
pa t of tne costritetion a mem1aut be
1.( spected :1111 1 i vn d ect the -;:1111v as
other patvm-iuitals af tia t inast aultient"
" sh prst sand.io o Ile aien'iPa.
OuIf ait aodying te nrohisaitio
0appl ie cis tn wrauagh ith the enti -0
tI'i a'ital limits ( the Uni ittIl Statesi
tol) I i t.lawke5 vs. 1 mih. U. iuaS 1)e ith
in those 1920.isaa l'ison aac
in"lThes rhbin legsltie annctur~e
salransportations by mprtatl'inlandr
a-pr' atni of ixiaent! i.lr whor
eightt nth.'so alndc~t.is wthi thee
iof phibantitsin
"That :nfomenb: awulmprn
''The scat sectioa of the aenmentl
mothe one debaying "the Chbonres
bis ope'ra ta ' hroghut ti he'* d~' ent
tenrtrale (limites of' the Uneda States
bind allt leaasthwive b oitcourt,
public . o '(ioar undro invdut p w'ih
inthset limidoats anaofit owre
oa er by l Congass bya( tegislat u aeealre
la y ola'territoril aeffeci y. shlch
aaathries or sa ncticons bya the seea
Musl tat te piet nforce Amnden
diiend---ten dclarigs "the sgess
an eeral States haln havchn
cur~re an'war taenforce ign ancl
iyaprorate gla ti faon"--dotrstnot
ineairs.
"The pwr b con:-uredt Conwes" by
that. section, wdil not en.iitpoer,i
terreurel thaetesyist thero.de
hiroebisntioned by tsethe ebrae
Sxatateso and nett ofthe, eno de
iseano wis te lpeoed ton enorafcedi
bydivioetn iCtongrs on the sartv
th eeral States oan o them. hc
separate lowr mayigus feigassdd
ainstate ommerce ofro bevraestate
"eposewe i~r conftuoress ber
theamecinaan whiecaot effctive, yet
asbitio may the ainstcin sbeqbraces
manufacture for ther itrastate
trsaseonsas wea cosimotatioan
exore ind aditrsaeo.ie n
isi Rniecdepnied onlom affcte
byWahile ioronciong tha therearo
lth several States ongress them.t
against tetipsao beverage wti itsr
poer of eiquorcemenutredin befose
4~h4
Ji
el
ti
ti
tl
b
IX:
NAWiCG TOIIPN LfQ'G
A\RTCRAFTr P)CTU.RE
val Week
th
Box Office.
NRTCRAFT ,IC-~fZ[
limits are not transacted by the pr.
vision of the Volstead act wherein
liquors Containing as much as one-1
half Of one per vent of alcohol by
voluille and fit for use for beverage
purposes are treated as within that
power. Jacob uppert vs. Caffey, 25
U. S., 264."
While agreeing as to the validity of
the amendillent and enUforceillent act,
Justices McKenna and Clarke d issent
ell from the majority interpretation
of the (ccuIent power of federal and
State governients to enl force prollibi
tion. Chief Justice White held that
the court should set forthi the reasoln
for itsi decisiol. lie did this ill su
plomental opinlionl.
.11stie McIeylolds in a 41 brie state
ment declaredl he was of tile opilliorn
that it was impossible to say at.-this
finle what construction shouI' l be giv
.11 of the 11 dilillent.. II added thlt
"hetause of tilt bew',Vih nlent whiil
tile a1111(ndmenilt (ea tes." lie preferred
to reilain tre to consid'..4 111v 1n1
titufde of que: tAions w-hich will 'ineovit
+I.
South
St
Il
The Camp<
Prominent sp~eak<
the camfpaign1 and
appointed to coope:
County over the to:
Tphe Legislature
towardI the erectio)
many counties hav<
qluota.
Paxville 8:30 P.
Ex G
~unna~mmmamanmmmm...
oy atrise and demand solution."
The decision set at rest contentions
'eviously laid before the court that
e amendment could not affect alco
ilic' liquors manufactured prior to
inuary 16 when the amendment be
ite effective. The court held that
te amendment applied to such liquors
ic same as any produced after that
tie.
Do Not Apply to Act.
Regarding arguments to the effect
Mt a State having constitutional
!ferendum provisions could not have
en said to have ratified the amend
ient. until it had been submitted to
ic voters, the court cited its opinion
lndered last Monday in the Ohio ref
r'ndumo cases in vlich it held that
AcI referendum provisions (10 not ap
ly to the federal amendments.
Only one prohibition case of im
ortaice remains undecided. It is at
ppeal from New York involving th<
onstitutionality of portions of the en
oteement net prohibiting storage it
.arehouses of intoxicating liquors de
igned for personal use. Tie CISe Wm
rtrued this spring but. with the court'
djoullment today for the summe
anni11ot be decided before (ctobe a
he earliest.
NM I, ATTEIIPT TO SOI,VE.
BO UNDARlY PROBLEM!
Guyaquil, June 5.---Tezanos Pint(
iew Peruvian minister to Ecuador, il
wesentiing his credentials at the cap
tal today, said:
"I have been instructed not to fore
to efforts to obLtain a soluition of th
iounamdry problems of our coulntrlies i
iI eq(uitable and friendly mannte"r.
IIis declaration caused considerabl
omment, Since Peru Is never bee
lisIosed to reach a direct settlemien
mo1 has insisted upon arhitration o
lilrerenees wiI tiado.
0--- --. . .
A 'O .OG IZIS TO V Q -*ik I
Wvashingptonl. .June 7.--Secr-etary ('
h\- o(-)I behalf of the AnericanIi (Govel
ment has fltinred :a velbal apolog
t te British amb assador for th
ballil'r of a British fl:g heire ha.
wek by Irish women.
Vu. o('lY Said this actiln had h:
el'port oil the invident whilh the )i
I rict of ('IIIlu1mnill nuthwit ies ham
hi'n a ileto sub'm it. VienI this rI
ort s inhan a frma apoo yprol
%ction of the
>he erected in Coh}I
ate's Heroes who rr
e in the Worl Wa
ign opens a
ars wvill outline the plan of
local eommittees will be
c'ate in putting Clar'endon
hs appropr ia ted $1 00,000
ni of this Memorial and
alreadly subscribed their
The opening mm
sunday,
M.
The principal
rv. Riche
UUmttttttttuututitittittiittimiti:rins
For Ev
A phonograph, yes , bu
Patha Phonogra*1ph! Tht
t ) i aent (tan -an phOono
Bil the Pallhe Phlon graph'l
and in the satisfaction -,f
have L phonograph! lI
and im rese ou. And
Pt 1h6 Sapphiro Ball is pern
II ~ Terms U
- tar ni m~cr ma Sai.n
wilra: v and '.njoym its a
P!
For St
DICKSON D
CLARENDON J
The Rexal
ae to the (fund for [
Memrl B3
.flmbia ill meimory of (
lade the supremve sat
r.
t Summnerton, .
A building site near the
propjerty of the Universit'
has alr1eadyT heen arrange<
C1larendon County is nlo
tunity to express, with he
South Carolna our' State's
gation to the men wvho fi
while upJholdling the caus
justice.
seting will be held
June 13tla
Summerton (
speaker will be
xtrd I. Ma
tUttitittttttttuuttttttuttuttitimmm
ijocyment
erykbody
S\ i reate: en
ret
-COSTS NO MORE
THAN THE ORDINARY
'.l O p~t 'e e :r vaur
1a ncedl,: to ebange-for the
en.
You Wish
nograph you may take advan
ystem. :wolcet i Pathe Phono
Vinsomel s'trains whilepryg
tie by
?UG STORE
DRUG STORE
he
.en
Tri
lune 13th.
tate Capital, onl thie
/ of South Caro( li na
wV gi ven this oppor) 1
r' sister counties of
pride in, andl obli
ll in foreign fielfis
e of liberty and
raded School
[P. M.
rmnmg