18TH, AMENDMENT INVALID

Taranaki Daily News, 18 December 1930, Page 9

18TH, AMENDMENT INVALID

DECISION OF U.S.A. JUDGE

POINT IN BOOTLEGGING CASE OFFICIALS APPREHENSIVE EFFECT ON PROSECUTIONS ' By Telegraph—Press Assn. —Copyiikht New York, Dec. 16. Federal Judne Willidnr Clark to-day ruled that the adoption of the 18th Amendment to the Constitution was invalid. Some apprehension is expressed by high Washington officials over- the effect of the decision upon prohibition prosecutions. Judge Clark is an eminent scholar of the Constitution, though 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 conventions,, not 'by State Legislatures. - The amendment was attacked after a study for two' years by a group of the New York County Lawyers’ Association, who represented William Sprague, an obscure New Jersey town-' ship -official, indicted for transporting beer. ' ■ ’> •' . ' <' ■ - . '

The immediate effect of the decision, Judge- Clark explained, would be in New! Jersey, where any arrests for the re-

tail of intoxicants would/ have to be made under a State Enforcement Act. Pending an appeal from his decision, which will probably be taken, direct to the United States Supreme Court, the decision ,in 'the , meantime will affect only those States, in which United States. district court judges concur in the finding by'. Judge Clark.' : The decision was rendered’ 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 appellate courts we hope it will at least focus the country’s thought upon the neglected method of considering constitutional amendments in convention;”. '- . ’ ■ ' I