United States v. Lanza

• Decision Date: 11 December 1922
• Docket Number: No. 39,39
• Citation: 43 S.Ct. 141,260 U.S. 377,67 L.Ed. 314
• Parties: UNITED STATES v. LANZA et al
• Court: U.S. Supreme Court

260 U.S. 377

43 S.Ct. 141

67 L.Ed. 314

UNITED STATES

v LANZA et al.

No. 39.

Argued Nov. 23, 1922.

Decided Dec. 11, 1922.

Mr. Solicitor General Beck, of Washington, D. C., for the United states.

Mr. John F. Dore, of Seattle, Wash., for defendants in error.

Mr. Chief Justice TAFT delivered the opinion of the Court.

This is a writ of error by the United States under the Criminal Appeals Act (34 Stat. c. 2564, p. 1246 [U. S. Comp. St. § 1704]), to reverse an order of the District Court for the Western District of Washington dismissing five counts of an indictment presented against the defendants in error April 28, 1920. The first of these charged the defendants with manufacturing intoxicating liquor, the second with transporting it, the third with possessing it, and the fourth and fifth with having a still and material designed for its manufacture about April 12, 1920, in violation of the National Prohibition Act (chapter 85, 41 Stat. 305). The defendants filed a special plea in bar setting out that on April 16, 1920, an information was filed in the superior court of Whatcom county, Wash., charging the same defendants with manufacturing, transporting and having in possession the same liquor, and that on the same day a judgment was entered against each defendant for $250 for manufacturing, $250 for transporting, and $250 for having in possession such liquor. The information was filed under a statute of Washington in force before the going into effect of the Eighteenth Amendment and passage of the National Prohibition Act. Remington's Code, § 6262 1 et seq., as amended by Sess. Laws 1917, p. 46. The government demurred to the plea. The District Court sustained the plea and dismissed the five counts. United States v. Peterson, 268 Fed. 864. No point is made by the government in the assignments of error that counts 4 and 5, for having a still and material in possession, were not covered by the information and judgment by the state court.

The Eighteenth Amendment is as follows:

'Section, 1. After one year from the ratification of this article, the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from, the United States and all territory subject to the jurisdiction thereof, for beverage purposes, is hereby prohibited.

'Sec. 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.'

The defendants insist that two punishments for the same act, one under the National Prohibition Act and the other under a state law, constitute double jeopardy under the Fifth Amendment; and in support of this position it is argued that both laws derive their force from the same authority—the second section of the amendment—and therefore that in principle it is as if both punishments were in prosecutions by the United Stats in its courts.

Consideration of this argument requires an analysis of the reason and purpose of the second section of the amendment. We dealt with both sections in the National Prohibition Cases, 253 U. S. 350, 40 Sup. Ct. 486, 588, 64 L. Ed. 946. The conclusions of the court, relevant here, are Nos. 6, 7, 8, and 9.

'6. The first section of the amendment, the one embodying the prohibition, is operative throughout the entire territorial limits of the United States, binds all legislative bodies, courts, public officers and individuals within those limits, and of its own force invalidates every legislative act whether by Congress, by a state Legislature, or by a territorial assembly—which authorizes or sanctions what the section prohibits.

'7. The second section of the amendment, the one declaring 'the Congress and the several states shall have concurrent power to enforce this article by appropriate legislation,' does not enable Congress or the several states to defeat or to thwart the prohibition, but only to enforce it by appropriate means.

'8. The words 'concurrent power' in that section do not mean joint power, or require that legislation thereunder by Congress, to be effective, shall be approved or sanctioned by the several states or any of them; nor do they mean that the power to enforce is divided between Congress and the several states along the lines which separae or distinguish foreign and interstate commerce from intrastate affairs.

'9. The power confided to Congress by that section, while not exclusive, is territorially coextensive with the prohibition of the first section, embraces manufacture and other intrastate transactions as well as importation, exportation and interstate traffic, and is in no wise dependent on or affected by action or inaction on the part of the several states or any of them.'

The amendment was adopted for the purpose of establishing prohibition as a national policy reaching every part of the United States and affecting transactions which are essentially local or intrastate, as well as those pertaining to interstate or foreign commerce. The second section means that power to take legislative measures to make the policy effective shall exist in Congress in respect of the territorial limits of the United States and at the same time the like power of the several states within their territorial limits shall not cease to exist. Each state, as also Congress, may exercise an independent judgment in selecting and shaping measures to enforce prohibition. Such as are adopted by Congress become laws of the United States and such as are adopted by a state become laws of that state. They may vary in many particulars, including the penalties prescribed, but this is an inseparable incident of independent legislative action in distinct jurisdictions.

To regard the amendment as the source of the power of the states to adopt and enforce prohibition measures is to take a partial and erroneous view of the matter. Save for some restrictions arising out of the federal Constitution, chiefly the commerce clause, each state possessed that power in full measure prior to the amendment, and the probable purpose of declaring a concurrent power to be in the states was to negative any possible inference that in vesting the national government with the power of country-wide prohibition, state power would be excluded. In effect the second section of the Eighteenth Amendment put an end to restrictions upon the state's power arising out of the federal Constitution and left her free to enact prohibition laws applying to all transactions within her limits. To be sure, the first section of the amendment took from the states all power to authorize acts falling within its prohibition, but it did not cut down or displace prior state laws not inconsistent with it. Such laws derive their force, as do all new ones consisten with it, not from this amendment, but from power originally belonging to the states, preserved to them by the Tenth Amendment, and now relieved from the restriction heretofore arising out of the federal Constitution. This is the ratio decidendi of our decision in Vigliotti v. Pennsylvania, 258 U. S. 403, 42 Sup. Ct. 330, 66 L. Ed. 686 (April 10, 1922).

We have here two sovereignties, deribing power from different sources, capable of dealing with the same subjectmatter within the same territory. Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment. Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.

It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each. The Fifth Amendment...