The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-12-15
Prohibition Act
Stands Law;s Test
Text Of Decision
UphOlding Prohibition

Washington, Dec. 15.-Justic
decision in part follows:
The war power OF the United
States, like its other powers and
like the police power of : the
states, is subject to applicable
constitutional limitations; but the
fifth amendment imposes in this
respect no greater limitation up
on the national power than does
the fourteenth amendment upon
state power. There was no ap-
propriation of the liquor for pub
lie purposes. The wartime prohi-
bition act fixed a period OF seven
months and nine days from Its
passage during which liquors
could be disposed OF free from
any restrictions imposed by the
federal government. Thereafter,
until the end of the war, and the
termination of the mobilization,
it permits an unrestricted sale of
exports and within the United
States, sales for other than bev-
erage purposes.
The question whether an abso-
lutte prohibition of sale could be
applied by a state TO liquor ac-
uuired before the enactment or
the prohibitory law, has been
raised by this court, but not ans
wered, because unnecessary to a
decision.
did the act become void by
the passing of the war emergency
act before the commencement OF
these suits? 1t is conceded that
the mere cessation of hostilities
under the armistice did not
abridge or suspend the power of
congress to resort to prohibition
of the liquor traffic as means
of increasing our war efficiency;
that the support and care of the
army and navy during demobili-
zation was within the war emer-
gency and that, hence the act
was valid when passed. The
contention is that between the
date of it's enactment and the
commencement of these suits it
had become evident that hostili-
ties would not be resumed; that
rehabilitation had been effected;
that thereby the war emergency
was removed and that when the
emergency ceased the statute be-
came void.
ITO establish that the emer-
gency has passed, statements and
acts of the president and other
executive officers are addueed,
some of them antedating the en-
actment of the statute here in
question. But we have
also the fact that since these
statements were made and these
acts were done, congress on Oct.
2S, 1919, passed over the presi-
dents veto the national prohibit
tionact>< that theyasxate on. Nov.
10, 1919, refused to ratify the
u peace with Germany; that under
the provisions of the Lever act
the president on Oct. 80, 1919,
took over the control of the fuel
supply; that he is still
operating the railroads, of which
control had been taken as war
measure, and that on Nov. Is,
1919, he vetoed senate bill GAL be-
cause 1t diminished that control;
that pursuant to the act of March
4, 1919, he continues to control
by means of the food administra-
ton grain corporation the supply
of grain and wheat -four; that
through the United States Sugar
Equalization Board, Inc, he still
regulates the price of sugar; that
in his message to congress on
Dec. 2, 1919, he urgently recon-
yr,nn1n1 fhA ft,rt hn, axrfa et
six months of the powers Of the
food administration; that as COM
mander-in- chief he still keeps q
part of the army in enemy occu-
pied territory and another part in
Siberia; and that he has re-
Trained from issuing the procla-
nation declaring the termination
of rehabilitation, for which this
act provides.
mo principle of our constitu-
tional law is more firmly estab-
lished than that this court may
not, in passing upon the validity
of a statute, inquire into the mo-
tives Of congress. Nor may the
court inquire into the wisdom of
the legislation. Nor may it pass
upon the necessity for the exer-
else of a power possessed.
Was the act repealed by the
adoption of the Eighteenth
amendment.
THE Eighteenth amendment,
with its implications, if any, is
binding not only in times of
peace, but in war. Fur
thermore the amendment is bind
ing alike upon the United States
and the individual states. If it
guarantees a year of immunity
from interference by the federal
government with the liquor traf-
fic it is difficult to see