Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-22
VAL L|D|TY Of DRY
MEASURES ARGUED
IN SUPREME COURT
tpy noza,aa JOURNAL SPECIAL lr SEQ WIRE

washington, y. c., Nov. 21.-
Arguments on the constitutionality of
the war time prohibition and the Vol
stead enforcement acts were conclud-
ed today in the supreme court. There
was no indication when decision
would be rendered, but because of the
Importance of the question, court Of
ficials said they would not be sur
prsed to see the cases decided on De-
cember s, when the court reconvenes
after a two weeks recess
In resuming his argument today be-
fore the court, Elihu Root, appearing
for Jacob Rupert, New York brewer,
again attacked both acts as a viola"
tion Of the federal constitution and a
usurpation of power by congress.
The court cannot close its eyes to
the facts made known to all the world
by the highest evidence in this mat
ter" said Mr., Root, and not deter
mine whether by the facts congress
has the constitutional right to over
ride the rights of the states given by
the tenth amendment"
Arguing that congress had no au-
thority to 'go out into the country af-
the war is over and where soldiers
have been merged into the civil life
and override the laws of the states
Mr.. Root asked;
where arc you to draw The limo II
you are to step over the line of abb
solute necessity into space2 If 1t Is
to he within the competency of con-
gress to regulate the districts because
they are permeated by federal Off
ciaIs, then there is no limit to the au-
thority of congress" BY permitting
the liquor interests one year to dis
pose of their stocks and adjust their
affairs Mr.. Root said the eighteenth
constitutional amendment came very
near being a contract" This year Of
grace" he added was allowed by con-
gress and the states even when the
war was flagrant and the demands for
the higher exercise of authority was at
Its height"
But when this war is over, this
Volstead act takes away this time of
grace" said Mr. Root, adding that
even during this specified period, the
liquor interests "have been heckled
and harried by statutes for the real
motive of advancing prohibition for a
few months before the constitutional
amendment was to take effect"
God grant," he concluded, that
the, constitution may remain effective
for the imposition of limits on that Of
ficial power which, if not limited by
the courts of the country, will destroy
liberty as effectively as German autoc-
racy has done"
THE fact remains" Assistant Attor
ney General Frierson said, following
Mr.. Root, that we are legally in a
state of war and the golemn duty rests
on congress to keep the country pre-
pared to meet any complication that
may arise before the conclusion Of
peace"
Have we any troops abroad now?"
asked Chief Justice White.
yes"
"By what authority" asked the
chief justice.
Because the war has not yet been
ended" asked Mr. Frierson.
Replying to an inquiry by Justice
Day, Mr. Frierson said the exchange
of the ratification of peace was the
test for the ending of the war.
"If that is the test, why is 1t in
some acts and not in others?" asked
Justice Day.
Mr.. Frierson conceded it was omit
ted in the prohibition act
your contention is then, by intent
it was read into that act?' the JUS
tice again asked, to which Mr.. Frier-
son agreed