STATE v. DIX et al

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 M. Patterson, for appellants, cites: The Act of 1917 ( 30 Stats. 69, 169) was repealed by the enactment of the Eighteenth Amendment ( 253 U.S. 350, 64 L.Ed. 946, 40 Sup.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.