Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 8, 1920)
THE MORNING OREG ONI AN. TUESDAY, JUNE 8, 1920
3Y SUPREME COURT
5Ieasure Sustained by Unan
STATE ACTS INVALIDATED
Liouor Traffic X'ow Is "Dead as
Slavery," Declares Attorney
for Anti-Saloon League.
WASHINGTON. June 7. (By the
Associated Press.) The prohibition
amendment and the enforcement act
were held constitutional by the su-
preme court today in a unanimous de
cision. While attorneys for the Interests
attacking the two measures were
granted permission to file motions for
rehearings, the decision was regarded
generally as striking a death blow to
the hopes of the west.
The court's opinion, rendered by
Justice Vandeventer, was sweeping.
It held that the amendment not only
came within the amending powers
conferred by the federal constitution,
but was lawfully proposed and now
was law. While recognizing that con
gress has limitations as to the en
forcement of laws regarding bever
ages, the court held that those limits
were not transcended in the enact
ment of the enforcement act restrict
ing alcoholic content of intoxicants
to per cent.
State Act Invalidated.
While New York, New Jersey and
Wisconsin acts permitting manufac
ture and sale of beverages of more
than per cent of alcoholic content
were not directly involved, the deci
sion was interpreted as invalidating
them. The court said the first section
of the amendment of its own force
"invalidates any legislative act
wheiher by congress, by a state legis
lature or by a territorial assembly
which authorizes or sanctions what
the section prohibits."
Concurrent power granted by the
amendment to federal and state gov
ernments to enforce prohibition, the
court further held, "does not enable
congress or the several states to de
feat or thwart prohibition, but only
to enforce it by appropriate means.
The decision was set forth in 11
conclusions covering seven proceed
ings. These proceedings included
original suits brought by Rhode
Island, directly attacking the consti
tutionality of the amendment.
lmae In made Clear.
Conclusions of the court follow:
1. The adoption by both houses of
congress, each by a two-thirds vote,
of a joint resolution proposing an
as.it may be against subsequent man
ufacture for those, purposes. In cither
case it is a constitutional mandate or
prohibition that is being enforced.
11. While recognizing that there
are limits beyond which congress can
not go in treating beverages as within
its power of enforcement, we think
those limits are not transcended by
the provision of the Volstead act,.
Wherein linunrn pnntalnlnir as much !
as one-half of 1 per cent of alcohol by
volume and fit for use for beverage
purposes are treated as within that
power. (Jacob Ruppert vs. Caffey, 251
U. S. 264.)
While agreeing as to the validity
of the amendment and enforcement
act. Justices McKenna and Clarke dis
sented from the majority interpreta
tion of the concurrent power of fed
eral and state governments to enforce
prohibition. Chief Justice White held
that the court should set forth the
reasoning for its decision. He did this
in a supplemental opinion.
Some Bewilderment Noted.
Justice McReynolds in a statement
declared he was of the opinion that it
was impossible to say now what con
struction should be given to the
amendment. He added that because
"of the bewilderment which the
amendment creates" he preferred to
remain free to consider the questions
which will "inevitably arise and de
The decisions set at rest contentions
previously laid before the court that
the amendment could not affect alco
holic liquors manufactured prior to
January 16, when the amendment be
came effective. The court held that
the amendment applied to such liq
uors just the same as to those pro
duced after that time.
Regarding arguments that a state
having constitutional referendum pro
visions could not have betfn said to
have ratified the amendment until it
had been submitted to the voters, the
court cited its opinion rendered last
Monday in the Ohio referendum cases
in which it held that such referendum
provisions do not apply to federal
Only one prohibition case of im
portance remains undecided. It is an
appeal from New York involving the
constitutionality of portions of the
enforcement: act prohibiting storage
in warehouses of intoxicating liquors
designed for personal use. This case
with the court's adjournment today
for the summer, cannot be decided be
fore October at the earliest.
FOR RAILROADS' USE
Appropriation of $125,000,-
, 000 Is Announced.
ROLLING STOCK REQUIRED
amendment to the constitution suffi
ciently shows that the proposal was
deemed necessary by all who voted
for it. An express declaration that
they regarded it as necessary is not
essential. None of the resolutions
whereby prior amendments were pro
posed contained such a declaration.
2. The two-thirds vote in each
house which is required in proposing
an amendment is a vote of two-thirds
of the aSenibers present assuming
the presence of a quorum and not a
vote of two-thirds of the entire mem
bership present and absent. Missouri
Pacific Railway company vs. Kansas,
24S. U. S. 276.
3. The referendum provisions of
state constitutions and statutes can
not be applied consistently with the
constitution of the United States in
the ratification or rejection of amend
ments to it. Hawke vs. Smith-U. S.,
decided June 1, 1920.
Amendment Declared Lair.
4. The prohibition of the manufac
ture, sale, transportation, importation
and exportation of intoxicating
liquors for beverage purposes as em
bodied in the eighteenth amendment,
is within the power to amend re
served by article V of the constitution.
5. That amendment by lawful pro
posal and ratification has become a
part of the constitution and must be
respected and given effect the same
as other provisions of that instru
6. The first section of the amend
ment the one embodying prohibition
is operative through the entire ter
ritorial limits of the United States,
binds all legislative bodies, courts.
public officers and individuals within
those limits, and of its own force in
validates any legislative act whether
by congress, by a state legislature or
by a territorial assembly which au
thorizes or sanctions what the section
State Power Defined.
7. The eccond section of the
amentment the one declaring "the
congress and the several states shall
have concurrent power to enforce this
article by appropriate legislation"
does not enable congress or the sev
eral states to defeat or thwart the
prohibition, but only to enforce it by
8. The words "concurrent power,"
In this section do not mean joint
power, or require that legislation
thereunder by congress, to be effec
tive, shall be approved or sanctioned
by the several states or any of them
nor do they mean that the power to
enrorce is aiviaeci between congress
and the several states along the lines
which separate or distinguish foreign
and Interstate commerce from intra
9. The power confided to congress
by that section, while not exclusive,
is territorially co-extensive with the
prohibition of the first section, em
braces manufacture and other intra
state transactions as well as impor
tation, exportation and interstate
traffic, and is in no wise dependent on
or affected by action or inaction on
the part of the several states or any
Limits Not Transcended.
10. That power may be exerted
against the disposal for beverage pur
poses of liquor manufactured before
the amendment became effective, just
ATTOKXEY STIL.L PERPLEXED
Counsel for Distillers Says Slueli
CHICAGO, June 7. Levy Mayer of
Chicago, who argued the case for the
distillers in the supreme .court, said
on hearing of the decision:
"I advanced every possible legal
argument. The avenue of the courts
is now exhausted."
"1 feel," added Mr. Mayer, "that the
result is not what a majority of the
people will after calm reflection and
experience want. I have done my
duty to my clients and the people in
general and the next step is up to
Mr. Mayer represented the state of
Kentucky, the Kentucky Distilleries
& Warehouse company, owner of vir
tually all of the distillery plants in
Kentucky, and the owners of about
Interstate Commerce Commission
Takes Action to Relieve Situa
tion of Carriers.
WASHINGTON, June 7. Immediate
appropriation of S12a.000.000 of gov
ernment funds fpr the use' of the
railroads to purchase new rolling
stock was announced today by the
interstate commerce commission. The
money will be advanced out of the
$300,000,000 revolving fund, provided
n the transportation act.
Appropriations for additions and
betterments to promote the movement
of cars were fixed at $73,000,000, ap
propriations to meet maturing obliga
tions were fixed- at $50,000,000, and
appropriations for loans to short-line
carriers at $12,000,000.
Of the total to be advanced for
rolling stock $75,000,000 will be set
aside for the purchase of freight
cars, with preference given to 20.000
refrigerator cars to move fruit crops,
and $50,000,000 will be set aside for
the acquisition of locomotives, with
preference given to freight and
In each case first allotments will
be made to roads making the great
est advances tq meet the government
In the case of the advance for loco
motives applicants will be required to
contribute at least 50 per cent of
the costs, but before passenger loco
motives are purchased attention will
be given to the need for freight and
switching engines by roads which are
unable to make 50 per cent advance.
Roads applying for loans for equip
ment and betterments' also will be
required to make such contributions
"as it is within their power to fur
nish." The commission will not, recom
mend loans out of the $50,000,000
fund for retiring maturing obliga
tions unless the applicants have
clearly exhausted every effort to take
care of maturities..
Time for filing applications and
amendments was extended, to June 19,
and the Association of Railway Ex
ecutives was urged to submit its rec
ommendations so thtit the general
distribution of the funds might be
gin not later than June 26.
100,000,000 gallons of spirits and al
cohol in bond.
Mr. Mayer said no question of
greater importance had ever been be
fore the supreme court and that "I
can recall no case of even much less
magnitude where reasons upon which
the opinion was based were not
"The fact that Justices McKenna
and Clark dissent in part," Mr. Mayer
continued," and that Justice McRey
nolds holds it is impossible to say
what construction shall be given to
the 18th amendment, and the. further
fact that Chief Justice White refers to
the difficulties which a solution of.
the cases involves and to the perplex
ities that surround the giving of rea
sons, taken all together, leave an un
certainty in my mind which I had
hoped would be entirely dispelled.
'It would seem to- me that the ave
nue of the courts as now constituted
is closed, for the present at least." '
Iviwanis Plan for Convention.
Plans for the forthcoming national
convention of the Kiwanis will be
discussed at the weekly luncheon of
the Portland Kiwanis club at the Ben
son hotel this noon. The meeting
will be of a strictly business nature,
with no guests, and final' reports will
be expected from every 'convention
committee. ......'. 'v.
CIGAR 'DEALERS IN TOILS
Two Arrested on Charges of Per
mitting Gambling in Stores.
Sig Cohen", proprietor 'of the cigar
stand in the Chamber of Commerce
building, and James E. Donovan, pro
prietor of three cigar stands, whose
headquarters are in the Railway Ex
hcange building, were arrested by
Deputy Sheriff Beckman yesterday on
warrants charging them with main
taining gambling devices. A third
cigar dealer sought was out of the
Five indictments were returned by
the grand jury last week, following
Investigation of reports that open
gambling in dice and punchboards
was going on in the cigar stores of
the city. Three of them were "John
Doe" warrants for the proprietors of
cigar stands, all of which happened to
be owned by Mr. Donovan.
Elimination of Profit
I Brings AddedVolume
FOR three weeks the interest of men and mothers in this event has
been enthusiastically maintained. Again and again it has justi
fied its title:
A Real Clothing Sale!
I have added to the sale other lines of merchandise so that now it
has grown into an immense disposal of wares for men and boys
four. great sales in one!
These offerings will be continued throughout the week. I want every
one of my customers to benefit to the fullest extent by reason of the
profit elimination. Each reduction affords a genuine opportunity to
the buyers to save a considerable sum :
All Men's, Young Men's, Boys'
and Juveniles' Suits
ONE-FIFTH OFF! .
All Children's Wash Suits
Men's Colossal Shirt Sale!
$3.50 to $4 Shirts, $2.45 $5 and $6 Shirts, $3.85
$7.50 and $8.50 Shirts, $4.85
Men's Athletic Union Suits
Regularly $2.50, $3 and $4
$1.95 Three for $5.75
Four Sales in Oneon the First and Second Floors
Profit Elimination to Help Cut Down Living Costs
BEN SELLING Sth
mm wmmmmmjm w
Woman to Tour Far Kast.
Miss Marguerite Solamon, for sev
eral months connected with the Port
land Chamber of Commerce as secre
tary of the committee on tourist ho
tels, scenic highway development and
tourist travel work, has resigned and
will leave today for San Francisco
Miss Solamon may locate in San Fran
cisco tor a time, out is making prep
arations to sail for China in the fall
and will be at Pekin for several
the Straits settlements. East Indies
and go into India. It is her expecta
tion to proceed to Europe via the
Suez after completing the work that
will take her to the far east and de
vote some time to visiting the scenes
of the great war.
Baby Slayer Gets 2 5 Years.
SALEM, Or., June 7. (Special.)
Harvey J. Short, formerly of Portland,
who was confined in the state hos
pital here in 1909 and 1910, has been
sentenced to a term of 25 years, in the
Kansas penitentiary for the part he
played in the murder of an infant
child of Miss Zelpha Loorais of
Wichita, according to a telegram re
ceived here today. While in the
hospital here Short attempted to com
mit suicide on two occasions. Miss
Loom is drew a life .sentence.
Curtis James spent yesterday in the
city.- Mr. James is vice-president of
the EI Paso & Southwestern railway
and a director of the Northern Pa
cific. They arrived yesterday morn
ing from San ' Francisco and left last
night for Spokane to visit Glacier
and Yellowstone national parks be
r fore returning east.
Rail Official on Visit.
On a tour of the Pacific northwest
Read The Oregonian classified ads. months, after which she will tour scenic spots. Mr. and Mrs. Arthur
Farm Near Mount Angel Sold.
MOUNT ANGEL,, Or., June 7. (Spe
cial.) Edward Koessler of Lismore.
Minn., has purchased the Fred Uphoff
larin oc almost 200 acres, two miles
southeast of hore. Mr. Uphoff plans
to locate at Silverton temporarily.
Secret Societies Condemned.
UKhbLb Y, Colo., June 7. A report
conaemning secret societies was
pdopted by the national synod of the
Reformed Presbyterian church here
Phone your want ads to The Orego
nian. Main 7070, Automatic 5S0-95.
A high dive into a' whirlpool of adventures
unlike anything; you have ever seen Beauti
ful women, beautiful gowns, and deeds of
daring amid sumptuous scenes.
The chief sport of all women since the days
of Mother Eve.
"THE WOMAN GAME"
And don't forget the
Ladies' Concert Matinee at 3 P. M.
Peoples Symphonique Orchestra
I'hllip I'd, Conducting:-
sr f - ,s
FOUR DAYS MORE V.
Kvery woman or taste and culture
whose ;bome is adapted for it de
sires a grand piano. No other arti
cle of furniture adds the same toitch
and atmosphere to the living room as
does a grand piano. We have a fine
stock of grands and you are invited
to inspect them. Courteous sales
people will wait upon you.
6.F. Johnson Piano Cq.
14B SixUi Street, Portland.
Fall by the Wayside
.ii'c h rmr-mr ju. rC- w
Lliil I fife
T IS a struggle to save.
Whoever said it was easy
didn t reckon the tempta
tions which beset one.
I And as the few only have
: the strength to keep plod
ding along the road to am
bition, so it is the minority
" who ever reach the land of
I To save without a purpose is
hard, and to save without the
' encouraging influence of an In
t. terest Bearing Savings Account
is harder still.
I We invite new Savings Accounts at the United States National Bank,
but are even more interested in seeing the old ones grow up.
"One of the
Sijtth and Stark,
ORCHESTRA 1 i,,,.,,,
Matinee 2:30 "jj
G o r geously
G o w n e d
B e a utiful
W o m e n
and be convinced of the irre
sistible curative powers of our
Avail yourself of our
SPECIAL -TEN-DAY FREE
Special private demonstration
ALGRAT ELECTRIC CO.
KxcIimIvb Dlntrtbotor. 435 Washington, near llta St. Formerly Ghco
Bids- and 155 Broadway. I'aone Bdwj. 7-0. Portland. Or.
N'o picture in which this noted
beauty has ever appeared com
pares to this, her latest and
jrreatest production. Marah Kills
Ryan's m a g n if iccnt story of
golden California. Two million
copies of the book printed in
eight different languages and
read by more than ten millions
of people. Now see it in pictures.
I irfflflff ilTr'iTrrr"fflfflwlmllTTm m i n
iiiHiii iiiiiiniiiiii iimiiii i
LAST TIMES Jf-
km today ; . 2
MIT A CTCUT ADT
r M i 1 -rA. O I Hi VV VIX 1
First motion picture of
Portland's recent Humane
Society Kiddies' Parade
JOE ROBERTS, the Banjo King
"DANGEROUS TO MEN"
with Dainty Viola Dana
Phone Your Want Ads to The Oregonian
Main 7070 A 6095 .