Evening star., 1917-10-23
ARGUMENTS HEARD
ON NEW DRY LAW
Its ConstitutionaIity Upheld
and Attacked in District
Supreme Court.
DECISION BY TOMORROW

Justice Gould Of the District Supreme
Court today heard arguments of coun-
sci on the constitutionality of the
Sheppard prohibition law, under which
Washington enters the arid zone No
vember /.
CORPORATION Counsel Syme defended
the law, while its validity was at
tackled by Attorneys D. w. Baker ana
j. c. De Putron. representing six liquor
dealers, who had brought suits for in
Junction to prevent the District of Co
lumbia from attempting to enforce the
law The court took the matter under
advisement and will announce his de-
cision tomorrow.
License for 1918 Cited.
Before the arguments. counsel for
the saloonkeepers secured permission
Of the court to amend their bills of
complaint by adding a paragraph that
each plaintiff had secured from the
United States government license to
sell liquor for the fiscal year 1918 and
had paid to the internal revenue COM
missioner the fee therefor as provided
by law. Their right to conduct busi-
ness under these permits. it is claimed.
Will be destroyed by the operation OF
the Sheppard law.
The argument was opened by Corpora
tion Counsel Syme. He denied that the
revenue license purchased by the liquor
men was effective to give the right to
sell liquor in defiance of local ptohibi-
tion statute. He urged that the plain
tins had no standing in court, because
they had failed in an attempt even to
continue their status as saloonkeepers
under the old law, which would be in
he I'd low, No Ia-
clared invalid Failure to apply for
new license and to proffer at least the
S1,500 license fee within the time pre-
scribed under the present liquor law
puts the plaintiffs out of court, he con-
tended.
Puts Liquor in Glass by Itself.
The corporation counsel asserted that
the courts will not enjoin the operation
Of a criminal statute and as the Sheppard
law makes the sale Of intoxicants illegal.
it :s a criminal enactment. The United
States Supreme Court. he asserted. has
placed intoxicating liquor in a class by
itself and declared there exists con-
stitutional rights in its sale or barter
Under a recent decision OF that tribunal,
Mr.. Syme suggested. he entertained seri-
ous doubt Of the constitutional right Of
4 citizen to have intoxicants in his pos
session.
Grounds for Attacking Law.
Attorneys d. W. Baker and J. c.
De Putron, for the opponents Of the
law. urged that the statute is a revenue
enactment and because it originated in
the Senate is unconstitutional 1t is
also invalid. they urged, by reason of
discrimination between citizens In al
lowing persons outside the District to
ship liquor into Washington for the
personal use of citizens when it pre-
vents local people from selling the COM
modify.
The new law violates the provision Of
the Constitution according free exercise of
religion. 1t was claimed While the act
provides, they contended, for the manu-
facture OF alcohol for sacramental pur-
poses in the District. it fails to provide
for its sale. The manufacturer cannot
sell. they asserted. direct to the clergy
men. but is permitted to sell to druggists.
hospitals. scientific laboratories. and the
druggist is not empowered to sell to the
clergymen, because he may sell only by
prescription of a physician or for medi-
cal and scientific purposes. They
serted that the entire act is vague un-
certain and incapable of enforcement.
Uncle Sam needs your money to help
win this war. and it is your privilege