The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1919-12-20
WARTIME PRO ACT
IS CONSTITUTIONAL
Supreme Court Decision In
aninous- May be Ended
By disqualification.

WaShlngtOn,-by uudHllho"" VIVA
sion the constitutionality OF the war
time prohibition act was sustained
Monday by the supreme court. The
cninion given by Associate Justice
Brandies, held in effect, however, that
the war invoked dry" period still may
be terminated by presidential procia-
nation of rehabilitation.
In rendering its opinion the court
however, did not act on the validity
of the Volstead prohibition enforce
ment or on appeals involving the al
coholic content of beer, leaving those
cases to opinions which may be hand
cd down next Monday before the court
recesses for the Christmas holidays.
MONDAYS decision practically swept
away all hopes of wet" Christmas,
as the possibility of the wartime act
being repealed before constitutional
prohibition becomes effective one
month from now was considered re-
mote.
The cases decided we're those OF the
Kentucky Distilleries and Warehouse
Company of Louisville, and Dryfoos,
Plum & Co. of New York, Instituted
for the purpose of compelling the gov
eminent to release whiskey from bond
In both cases the court denied conten'
tiors of Elihu Root and other attor-
news for the distillers that the act In
violation of the constitution takes prl-
yete property without just compensa-
ton; that the period of the war emerg,
ency for which the act was passed had
terminated: that the law was an inter
ference with the state police powers
anu an undue exercise of the war pow
ers of congress.
Congress did not intend the wartime
act to terminate at the conclusion OF
the war, but at the end Of the period
of rehabilitation in the view of the
court. which held that "the conclusion
of the war clearly did not mean ces'
! SaLlOu Vi uOSIlllIlCS'
congress therefore provided" the
opinion added, that time when the
act ceased to be operative should be
fixed by the presidents ascertaining
and proclaiming the date when demo
bilization had terminated"
Had the president, October 2S last
when he vetoed the Volstead act be
lieved that Rehabilitation had termi
mated" the court said, "he would
doubtless have issued then procla
nation to that effect, for he had mani
tested strong conviction that restric
tious upon the sale of liquor shoulC
end.
only by such proclamation shoulC
the purpose of congress be attained
and the serious consequences attend
ing uncertainty be obviated."
In view of facts of public know
edge" the opinion continued, som
of which have been referred to, tina
the treaty of peace had not yet beel
concluded; that the railways are stil
under national control by virtue of tn
war powers; that other activities hav
not been brought to close, and tina
it can not be said that the manpowe
of the nation has been restored to
peace footing, we are unable to COZ
clude that~the act has ceased to b
valid"
The wartime act, the court ais
held, is not confiscatory, asserting ths
more than nine months were give
distillers to dispose of their stock
which time the court believed to b
adequate. The act also was not r
pealed, the court held, by the prob
bition constitutional amendmen
which it asserted is binding, not onl
in peace, but also in wartimes.