Arizona republican., 1919-12-16

In rendering it's opinion, the court did not act upon the validity of the Nolstead prohibition enforcement act or on. appeals involving the alcoholic content of beer leaving those cases to future opinions which may be handled down next Monday before the court recesses for the Christmas holidays Todays decision practically swept away all hopes of a wet Christmas as the possibilities of the war time act being repealed before constitutional prohibition becomes effective one month from tomorrow were considered remote.
 Denys "Wets" Contentious
 The cases decided were those of the Kentucky distilleries and warehouse company of Louisville, Kentucky, and Dryfoos. Blub x Co.,. of New York, in- stituted for the purpose of compelling the government to release whisky from bond In both cases. the court denied contentious of Elihu Root and other attorneys for the distillers that the act in violation of the constitution takes private property without just compen- sation, that the period of the war emer- gency for which the act was passed had terminated, that the law was an interference with the state police pow CTS and an undue exercise of the war powers of congress.
 Congress did not intend for the war time act to terminate on the conclusion of the war but at the end of the period of demobllization. in the view of the court. which held that the conclusion of the war clearly did not mean cessa- - ton Of hostilities.'
 Congress therefore. provided" the opinion added. that the time when the act ceased Co be operative should be fixed by the presidents ascertaining and prOclaiming the date when demo- bilization had terminated"
 Had the president on October 2S last. when he vetoed the Nolstead act. be- lieved that demobilization had termin- ated, the court said, he would doubt less have issued then a proclamation to that effect, for he had manifested d strong conviction that restrictions upon the sale of liquor should end
 "Only by such proclamation could the purpose of congress be attained and the serious consequences attend ing uncertainty be obviated."
 Tn view of facts of public knowl- edge" the opinion continued. some of which have been referred to, that the treaty of peace had not yet been con cluded, that he railways are still under national control by virtue of the wal powers. that other war activities have not been brought to a close. and that it can not even be said that the mar power of the nation has been restored to peace footing. we are unable tt conclude that the act has ceased to be valid"
 Oistilleries Had Plenty of Time
 The wartime act, the court said. i not confiscatory asserting that nor than nine months were given distiller to dispose of their stocks, which tim the court believed to be adequate. Tn act also was not repealed, the cour held, by the prohibition constitutions amendment which, it asserted, i binding not only in peace but also Il war times.
 Announcement was made tonigh hat the house agricultural committe will meet tomorrow to vote on the mo lion to table the bill of Representativ iallivan, democrat of Massachusetts which would repeal the wartime act
 Internal revenue officials explaine, onght that the courts opinion. .woul not affect the bureaus plans for en forcing national prohibition in tn least as all preparations had been mad 1n the assumption that the act wa constitutional.