Show WETS DRY LAW LAIN ATTACK California Wine Interests Lose First Skirmish of Battle 1 SAN FRANCISCO Jan 28 Call Cali California fornia wine Interests lost the first skirmish l in their legal fight against the eighteenth constitutional amendment amendment amend amend- ment meat when Judge Frank H. H of pf the United States States district court de denied denied denied de- de nied a petition for a writ of habeas corpus in the case of at J. J J. J Dillon a a. truck driver arrested while transporting transporting transport transport- ing liquor here after January 16 CALLED FIRST TEST This was said to be the first test of the national prohibition amendment in the country I am of the opinion said Judge in ruling in the ca case that the amendment in form and substance was entirely within the competency of congress and the several states to propose propose propose pro pro- I pose and ratify and that both the i amendment and the national prohibition prohibition I tion act were in full force and effect on the day in question The attorney for forthe the wine interests contended that an amendment to the constitution must change some som part of the constitution than add a new article to it He further argued that the amendment would not go into ef effect effect ef- ef feet if it it were valid alid until Jan January ary 29 CONTENTIONS LOSE Judge Rankin ruled against both of these thee contentions holding that article five of the constitution gave congress and the states the necessary authority for adding the amendment Ohio's referendum election to overturn overturn overturn over over- turn the amendment in that state which favored the has no effect on the amendment Judge held The constitution is not subject to local referendum actions and an amendment can an be overturned only by the employment of the same machinery machinery machinery ma ma- chinery that made it operative accordIng according according accord- accord Ing to the decision |