Shapiro v. Lyle, 656.
Decision Date | 11 February 1929 |
Docket Number | No. 656.,656. |
Citation | 30 F.2d 971 |
Parties | SHAPIRO et al. v. LYLE, Prohibition Administrator. |
Court | U.S. District Court — Western District of Washington |
COPYRIGHT MATERIAL OMITTED
John F. Dore and F. C. Reagan, both of Seattle, Wash., for plaintiffs.
Anthony Savage, U. S. Atty., and Paul D. Coles, Asst. U. S. Atty., both of Seattle, Wash., for defendant.
NETERER, District Judge (after stating the facts as above).
It is not contended that the National Prohibition Act (27 USCA) intrudes into the field of opinion, or restrains the profession of religious faith or propoganda of religious principles, or inhibits the use of sacramental wine in the practice of religious rites. It was never intended the First Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, * * *" could be invoked as a defense to acts inimical to the peace and good order of society (Davis v. Beason, 133 U. S. 342, 10 S. Ct. 299, 33 L. Ed. 637), and where legislation relates to general welfare in the interests of peace and good order, regulation is not inhibitive (Mormon Church v. United States, 136 U. S. 1, 10 S. Ct. 792, 34 L. Ed. 481). The Eighteenth Amendment was approved by all but two states of the United States and the Supreme Court in the interest of peace, good order, and general welfare, and the National Prohibition Act was approved by the Supreme Court for like reasons.
The contention that the National Prohibition Act is a deprivation of the free exercise of religion by restricting the delivery of unlimited use of wine, and is contrary to the constitutional guaranty of religious freedom, is, as said by the Supreme Court in Mormon Church v. United States, supra, at page 49 of 136 U. S. (805), altogether a sophistical plea:
The quantity of wine for sacrificial offering was always limited. See Exodus 29:40; Leviticus 23:13; Numbers 15:5 — Holy Scriptures. Unlimited use of wine was disapproved by the prophets of old. See Isaiah 5:11; 28:1-8; Jeremiah 35:5, 6. See, also, Numbers 6:3; Proverbs 20:1; 23:29-31; Judges 13:14; Hosea 4:11 — Holy Scriptures.
Wine for religious rites is provided by the National Prohibition Act and Regulations. The Commissioner and Secretary of the Treasury no doubt collaborated with the premier chief rabbis of the United States before promulgating the regulations as to wine required for sacramental purposes, and provision is made for extra supply under extraordinary conditions, and insufficiency of allowance has never been charged, so far as reported cases disclose.
Regulations prescribed by the Commissioner, approved by the Secretary of the Treasury, under section 4, subd. 7, 27 USCA, have the force and effect of law. Oertel v. Gregory et al. (D. C.) 270 F. 789; Stroh v. Davis (D. C.) 8 F.(2d) 773; Sharp v. United States (C. C. A.) 16 F.(2d) 876; Schnitzler v. Yellowley (D. C.) 290 F. 849.
Neither the National Prohibition Act nor the regulations issued pursuant to section 4, 27 USCA, are violative of the First Amendment. The intent of the Congress is obvious in section 12, 27 USCA, page 25, that the provisions of the act shall be liberally construed, to the end that intoxicating liquor as a beverage may be prevented. United States v. Windham (D....
To continue reading
Request your trial-
Minersville School Dist. v. Gobitis
...v. Miller, 59 N.D. 286, 229 N.W. 569; the limitation of the amount of sacramental wine consumable under the Prohibition Act, Shapiro v. Lyle, D.C., 30 F.2d 971; the elimination of drug addiction, State v. Big Sheep, 75 Mont. 219, 243 P. 1067; the regulation of the exhumation of dead bodies,......
-
West Virginia State Board of Education v. Barnette
...see Jacobson v. Massachusetts, 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643, 3 Ann.Cas. 765, food inspection regulations, see Shapiro v. Lyle, D.C., 30 F.2d 971, the obligation to bear arms, see Hamilton v. Regents, 293 U.S. 245, 267, 55 S.Ct. 197, 206, 79 L.Ed. 343, testimonial duties, see Stan......
-
United States v. Kenstler
...10 S.Ct. 299, 33 L.Ed. 637 (1890); Cleveland v. United States, 329 U.S. 14, 20, 67 S.Ct. 13, 91 L.Ed. 12 (1946); Shapiro v. Lyle, 30 F.2d 971, 973 (W.D.Wash. N.D.1929). As a matter of fact, Congress has, in accordance with long-standing policy, excused from "combatant training and service" ......
-
United States v. Hillyard
...of the emphasis therein placed upon the use of the flag as a symbol. I can find no assistance in the sacramental wine case, Shapiro v. Lyle, D.C., 30 F.2d 971, or the compulsory vaccination case, Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643, 3 Ann.Cas. ......