In the habeas corpus proceeding of Jones v. Hicks, decided by the
Georgia Supreme Court and reported in 104 Southeastern Reporter, 771,
portions of the statement of facts and opinion of the Court by Judge
Gilbert are as follows:
"Jones was arrested under a bench warrant issued by the Judge of the
city court of Macon, based upon an accusation charging him with
violating the prohibition law of this State on January 21, 1920. He
filed a petition for the writ of habeas corpus, based upon the ground
that the Eighteenth Amendment to the Constitution of the United States,
which was ratified on January 16, 1920, and the 'National Prohibition
Act' known as the Volstead Act (41 Stat. 305), superseded and abrogated
all State laws on the subject covered by said Eighteenth Amendment, and
that therefore, at the time this defendant is alleged to have committed
the criminal offense charged in the accusation, there was no valid State
law in existence. The court refused to release the petitioner, and that
judgment is excepted to....
"The second section of the amendment as proposed to the States and
ratified, provides that 'The Congress and the several States shall have
concurrent power to enforce this article by appropriate legislation.'
"Three views as to the proper construction of the second section have
been generally discussed: (1) That concurrent power means joint power;
(2) That the power is given to each, the legislation of either Congress
or the States being of equal force with the other; and (3) that the
power is in each, but that the legislation of Congress, as the supreme
law of the land, will supersede any inconsistent State legislation....
"The Supreme Court of the United States having adversely disposed of the
contention that 'concurrent power' means joint power [State of Rhode
Island v. Palmer, 40 Sup. Ct. 486], there remain two other views to be
considered. Similar, but not identical, questions have been discussed
heretofore by Courts of several States and by the Supreme Court of the
United States. None of these involved construction of delegated powers
to be exercised concurrently. They are cited here for comparison, and
not as controlling....
"The sphere in which the Congress, under the Eighteenth Amendment, may
legislate for the enforcement of prohibition, is limited to the precise
terms stated in the amendment, to wit, 'concurrent enforcement....' From
a consideration of the question as above presented, we reject the view
that the legislation of Congress will supersede and abrogate the laws of
the State which are appropriate for the enforcement of the amendment. We
conclude that the power of Congress and of the State is equal and may be
exercised by the several States for the purpose of enforcement
concurrently within their legitimate constitutional spheres. Ex parte
Guerra (Vt.) 110 Atl. 224, and authorities cited. The first section of
the amendment is in no way affected or qualified by the words
'concurrent power,' found in the second section."