RULED INVALID

Southland Times, Issue 21271, 18 December 1930, Page 7

RULED INVALID

U.S. PROHIBITION LAW

DECISION OF FEDERAL JUDGE CONCERN IN WASHINGTON (United Press Assn.—By Telegraph—Copyright.) New York, December 16. A message from Newark (New Jersey) states that Federal Judge William Clark today ruled the adoption of the Eightcnth Amendment invalid. Judge Clark is an eminent scholar on the Constitution, though he is the youngest member of the Federal Judiciary. He devoted 15,000 words and called upon 100 authorities in his decision, basing it on the broad principle that such an amendment could be ratified only by constitutional con-, ventions, and not by the State* Legislatures. The amendment was attacked after a study for two years by a group of the New York County Lawyers' Association who represented Wjlliam Sprague, an obscure New Jersey township official, who was indicted for transporting beer. The immediate effect of the decision, Judge Clark explained, would be in New Jersey, where any arrests for the retailing of intoxicants had to be made under the State Enforcement Act pending an appeal from his decision, which would probably be taken direct to tht United States Supreme Court. The decision in the meantime will affect only those States in which the United States District Court Judges concur in the finding by Judge Clark. Some apprehension is expressed by high officials at Washington over the effect of the decision upon Prohibition prosecutions. TRANSPORTING LIQUOR JUDGE QUASHES INDICTMENT. (Rec. 5.5 p.m.) New York, December 16. Judge Clark’s decision was given in a case in which counsel for two men accused of transporting beer moved to quash the indictment. Judge Clark’s decision granted that motion. The Judge’s opinion stated: “Even if this opinion meets with a cold reception in the Appelate Court, we hope it will at least focus the country’s thought U)X>n the neglected method of considering constitutional admendments in conventions.”