The Archive · 1931

Court Upholds Dry Law

The drys in the United States} won an overwhelming. victory today. when the United States Supreme Court unanimously sus-ined the 18th amendment, holding it to be entirely constitutional.

In its decision the highest court of the lard overruled the decision of Federal Judge William. Clark of Newark, New Jersey, that the prohibition' amendment had been ratified illegally and was now. a part of the Constitution, The ruling of the Supreme Court was read "by Associate Justice Oven J. Roberts. The climax of the important decision was reached when he said:—"Unless the Eighteenth Amendment is modified through due legislative process that Amendment must remain a part of the Constitution of the United States of America.

On "December 16 of last year a sensation was created when Judge Clark, after spending 40 days preparing his decision, and after spending five years'in a general study of the question, declared the 18th Amendment to be unconstitutional. "His decision was handed down with regard to the case of jan obscure man, William Sprague, 42 years old farmer and the clerk of Wantage Township, New Jersey. Sprague was charged with \transporting and selling 50 half-barrels of beer. Judge Clark quashed the indictment, "holding in. a 10,000 words opinion that the 18th Amendment had never become part of the Constitution because it had been ratified by State Legislatures rather than by conventions elected }by the people of the several states, He based his decision on the Fifth Article of the, Constitution, Judge Clark's decision made the wets jubilant. At the time the drys expressed confidence that he would be reversed by the higher courts, Within four days of the Newark decision" United States Attorney Philip Forman announced that he would carry an appeal Jdirect to the United States Supreme, Court. "Attorney-General William Mitchell ordered that all pos- OF

Text read from the printed page and cleaned; old type leaves the occasional error.

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