The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-12-16

IN, ct tomorrow 80 vote on the motion 20
table the bill AZ Representative CALI
van. Democrat. OF Massachusetts, when
would repeal the war time act.
Internal revenue officials explained
tonight that tho courts opinion w"ulu
not affect the bureaus plans Tor IN
forcing national prohibition IN the 'eaSI
as all preparations had been made upon
the assumption thai. the act was consll-
tutional.
The Decision.
~The war power on the United states
like its other powers and like the ponce.
power Of the states il subject TO apphc-
able constitutional ROTATIONS, but tho
ifth amendment Ilnpo. he's III this respect
no great limitation uIpn the national
power than does the fourteenth amend
ment upon the state power. II INC ma
ttirc and conditions OF a. restriction upon
the use or disposition OF property IS Sncn
that a state could. under the police pow
er. impose Il consl StenilE with the Tour
tccnth amendment purpose impose ike
restriction consistently With the filth
amendment without mailing compensa-
ton: for the prohibition or the liquor
traffic is conceded to be an appropriate
means Of increasing our war efficiency.
There was no appropriation OF the II
ouor for public purposes.
The wartime prohibition act fixed n
period Of seven months and nine days
from its passage during which Nquor
could be disposed Of free from any re-
striction imposed by the federal govern
ment Thereafter. until the end OF the
war and the termination of mobilization
Il permits an unrestricted sale for cXporN
and within the United States sales Tor
other than beverage purposes. me I'M
COMPENSATED restriction upon the dis,
position of liquors imposed by this act
IS of a nature far less severe than the
rcstrictio ions upon the use OF property &C
quired before the enactment of the pro-
hibitory which held to be permissible IN
cases Of arising under the 18th amend
ment The question Of whether absolute
prohibition Of sale could be applied by a
state TO liquor acquired before the enact
ment of prohlbitory law has been raised
by this court. but not answered. because
unnecessary TO Il decision. But no rea-
son appears why L state statute. whGh
postponcd it's effective date long enough
to enable those engaged in the business
TO dispose OF stocks on hand at the date
Of its enactment. should be obnoxious 10
the fourteenth amendment: or why s7lch
a federal law should be obnoxious to the
. u.
seven months and nine days was not Il
reasona BILE time within which to dispose
Of all LIQUORS in bonded warehouses on
November y. 1918. The amount then IN
storage was materially less than was AS
ually carried. because no such liquor
could be lawfully made in America unucr
the Lever food and fuel control act al
ter September 9. 1917. And. il as IS ssuR-
gcsted. the liquors remaining In bond
November Il. 1915. were not yet sufficI-
entity ripened or aged TO permit them 10
be simultaneously disposed OF within the
limited period of seven months and nine
days thereafter the resulting incpnVCni-
| ence to the owner. attributable to the IN
hcrent qualities OF the. property itself.
! cannot be regarded as taking OF prop
, crty in the constitution sense.
| Did the act become void by the pass
! ing OF the war emergency before the
conmencemcnts of these suits 1t is
! conceded that the cessation of hoStiil-
! ties under the armlstice did not aprlusc
or suspend the power OF congress 70
, support prohibition OF the liquor trat-
| fic as 4 means OF increasing our war
, efficiency; that the support and care or
| the army and career Of the army and
: navy during mubiltzation was war
measure and that hence the act was
valid when passed. The contention ~
/ that between tho date of its enactment
! and the commencement OF these SUITS II
had become evidence that hostliltleS
would not be resumed: that oemoolIlza-
! ton had been effected: that thereby the
war emergency was removed and that
/ when the emergency ceased the statute
/ became void.
| TO establish that the emergency had
! passed. statements and acts or the pres
, ldent and OF other executive officers are
adduced some OF them e-dating the
: enactment OF the statute herein ques-
! toned But we also have the
! fact that since these statements were
! made and these acts were done congress
: on October IS. 1919. passed over the
. presidents veto the national prohibition
| act: 's' . that the senate on No.
! vcmber 10, 1919, refused to ratify the
. treaty OF peace with Germany; that
/. under. the provisions or the Lever act
| the president resumed. on October 80,
1919. the control Of the fuel supply;
= . that he is still operating. the
railroads OF which control had been
taken as a war measure: and that ON
/ November Is. 1919. he vetoed senate OIL
! No SAL because II diminished that con-
troll that pursuant TO the act OF March
| !. 1919, he continues TO control means
OF the food administration grain corpo-
ration. the supply OF grain and wheat
flour: that through the United states
sugar equalization board me-, he still
| regulates the price of sugar: that in
hiS message to congress on December
i, 1919 he urgently recommended the
/ further extension for SIX months or the
| powers OF the food administration: that
as commander in chief he still keeps q
part Of the army in enemy occupied ter
ri,ory and another part IN Siberia and
that he has r"tralned from issuing the
proclamation declaring the termination
Of Utilization for which TINS act
, provides. -.
NO principle Of our constitutional
law is more firmly established than
| that this court may not IN passing upon
! the validity Of L statute. enquire into
| the motives of congress. Nor may the
J COURT enquire into the wisdom OF the
| legislation. Nor may II pass upon the
; necessity for the exercise Of power
/ possessed. since III" possible abuc or
! power i not an argument against It's
! existence.
"Conceding for tho urpoes Of the pres
! cnt case that the question OF the con-
; tinued validity Of the war prohibition
act under the changed circumstances de-
| ponds upon whether il appears that
| there is no longer any necessity Tor tn"
! prohibition of the sale of distilled splr-
! its for beverage purposes, 1t remains 10
| be said that on obvious grounds every
, reasonable amendment must be made IN
favor Of its contlnueinE validity, the
prescribed period of limitation not hay
! ing arrived that 10 congress IN the *
| ercisc Of its powers. not least the war
power upon which the very lie or The
nation depends, a wide latltud" or dis
erection must be accorded; and that /!
clear case 10 Justify =