THE MORNING OREG ONI AN. TUESDAY, JUNE 8, 1920 5 HELD VALID 3Y SUPREME COURT 5Ieasure Sustained by Unan imous Decision. 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 mand solution. 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 amendments. 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. L FOR RAILROADS' USE MIL IS AVAILABLE 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 ment. ' 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 prohibits. 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 appropriate means. 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 state affairs. 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 of them. 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 Uncertainty Kemains. 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 them. 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 switching locomotives. In each case first allotments will be made to roads making the great est advances tq meet the government loans. I, 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 given." "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 city. 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 ONE-FIFTH OFF! 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 TODAY ONLY ip'r-'l mm wmmmmmjm w with 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 today. 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. Beginning Tomorrow 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. AM saw Ifi JWK'H'-rt GRAND PIANOS 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. The Weak 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 accumulation.. 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 Northwest's Great Banks" jne. UniledStaies National Banlo Sijtth and Stark, LSI? FV "Sow"' yt-S PLAYING COLUMBIA ORCHESTRA 1 i,,,.,,, Matinee 2:30 "jj THE PICTURE BEAUTIFUL G o r geously G o w n e d One Hundred B e a utiful W o m e n Twenty Stars in' the Cast GTfil 1 COME TO- HEADQUARTERS and be convinced of the irre sistible curative powers of our wonderful Avail yourself of our SPECIAL -TEN-DAY FREE TRIAL OFFER 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. 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