The eighteenth "or prohibition] amendment to the constitution of the United, States was declared to be unconstitutional to-day. The sensational ruling was handed down in he federal court here by Federal Judge Clark.
Judge Clark declared the eighteenth amendment to be unconstitutional when he granted the motion of counsel for William Sprague and 'T, William Howey that indictments against them charging them with sale of liquor be quashed.
The defendants challenged the: constitutionality of the eighteenth amendment and the procedure of the courts in attempting to try them on charges of violating the dry law. The contentions of the indicted men were upheld by Judge Clask.
The constitution prescribes the use of the convention system before congvessional action in amending the constitution, Judge Clark held in his ruling, Judge Clark declared the! eighteenth amendment to be unconstitutional because in its enactment, the convention system was not used. Me said the convention system should be used because it reflects the popular will more accurately than does a vote by Congress or even by state! legislative assemblies.
Tu his decision quashing the in-dietments of the state against] Sprague and Howey, Judge Clark' indicate that the appellate courts may disagree with his raling. However, it is generally admitted that tthe decision will serve to focus attention on the convention system for drafting and adopting constitutional] amendment:
Dry organizations and prohibition enforcement agents in Washington to-day were considerably upset over the decision handed down in the Newark federal court by Judge Clark which declares the eighteenth hibition amendment to be un-
The "drys" and those responsible for enforcing the dry laws are upset over Judge Clark's decision more because of its effect on prohibition enforcement in New Jersey than they are over fear that the appellate courts will sustain the raling.
However, officials at the Department of Justice, which is in char} of prohibition enforcement as weill of prosecuting dry law violators, said to-day that Judge Clark's rule ing will not effect the status of national prohibition, Many recall that the past the United States sup court has ruled that the eighteenth amendment was constitutional when it was attacked on different grounds. It in also recalled that interpretations; of the Supreme Court have been liberal on the side of prohibition. The court also has ben liberal upholding those charged with forcement of the dry laws—Un Press,
Text read from the printed page and cleaned; old type leaves the occasional error.