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  • Mr. Jas. M. Patterson, for appellants, cites: The Act of 1917 ( 30 Stats. 69, 169) was repealed by the enactment of the Eighteenth Amendment ( 253 U.S. 350, 64 L.Ed. 946, 40 Sup. Ct. 486.) And the clause in that amendment permitting the States to pass "appropriate legislation" to enforce it does not include the Act of 1917. The Federal Constitution is a direct grant and the Eighteenth Amendment must be construed to be prospective: 8 Cyc. 731; 11 S.C. 71. Act of Congress cannot validate an unconstitutional statute: 94 S.C. 444. Concession of power to States is futile: 253 U.S. 350. Robert L. Gunter, Solicitor, for respondent. Oral argument.
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  • Mr. Jas. M. Patterson, for appellants, cites: The Act of 1917 ( 30 Stats. 69, 169) was repealed by the enactment of the Eighteenth Amendment ( 253 U.S. 350, 64 L.Ed. 946, 40 Sup. Ct. 486.) And the clause in that amendment permitting the States to pass "appropriate legislation" to enforce it does not include the Act of 1917. The Federal Constitution is a direct grant and the Eighteenth Amendment must be construed to be prospective: 8 Cyc. 731; 11 S.C. 71. Act of Congress cannot validate an unconstitutional statute: 94 S.C. 444. Concession of power to States is futile: 253 U.S. 350. Robert L. Gunter, Solicitor, for respondent. Oral argument.
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Smart Summary

THE STATE v. DIX ET AL.THE STATE

April 1, 1921. The opinion of the Court was delivered by

MR. CHIEF JUSTICE GARY.

For the reasons stated in the case of the State v. Bill Hartley, 115 S.C. 523, 106 S.E. 766, in which the opinion has just been filed, the appeal in each of said cases is dismissed.

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STATE v. DIX et al
(Apr 1, 1921)