South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-12-16

10 congress on Dec Q. 1919 he
urgently recommended the further
extension for six months Of the pow
ers or the food administration; that
as commander-in-chief he still keeps
/ a part OF the army in enemy occu-
pied territory and another part in
Siberia. and that he has refrained
from issuing the proclamation de-
claring the termination OF demObiii~
zation for which this act pro-
vides.
Inquire Into Motives.
NO principal OF our constitution
ial Jaw Is more firmly established
than iu that this court nay not. in
passing upon the validity OF
statute inquire into the motives OF
congress. Nor may the court in
quire into the wisdom Of the legis-
lation. Nor may it pass upon the
; necessity for the exercise OF a pow
/ or possessed. since the possible abuse
OF a power Is not an argument
, against its existence.
THAT a statute valid when en-
acted may cease 20 have validity
has been recognized, with respect
20 state laws, in several cases
"Conceding then. for the purpose
of the present case that the question
. OF the continued validity OF the war
prohibition act under the changed
. circumstances depends upon wheth
er 80 appears that there Is no longer
any necessity for the prohibition OF
tho sale Of distilled spirits for bever-
. ! age purposes, il remains to be said
that on obvious grounds every rea-
sonable amendment must be made
, in favor Of its continuing valid
, ity.
Third: Was the act repealed by
r the adoption OF the eighteenth
amendment BY the express terms
. of the amendment the prohibition
thereby imposed becomes effective
: after one year from it's ratification.
Ratification was proclaimed on Jan.
& 80, 1919. The contention Is that, as
the amendment became on its adop-
ton an integral part of the cOnstitu-
ton. its implications are as binding
as its language; that in postpOning
the effect date Of the prohibition the
amendment implied guaranteed to
manufacturers and dealers I'm intOz o.
icating liquors a year OF grace: and
that not only was congress prohibit
ed thereby from enacting meanwhile
new prOhibitory legislation but also
that the then existing restriction i'm
posed by the war time prohibition
act was removed
COntPntiO,, Ia I-nsound
The contention is clearly Un-
sound.
Fourth: Did the prohibition i'm
posed by the state expire by limita-
ton before the commencement Of
these suits? The period therein pre-
scribed is until the conclusion OF the
present war and thereafter until the
termination of rehabilitation. the
! date of which shall be determined
I. and proclaimed by the president Of
the United States. l. is contended
/ both that the war has been con-
cluded and that the rehabilitation
has terminated
I'm the abSence Of specific pro-
visions 10 the contrary the period Of
4, war has been held to extend to the
ratification of the treaty OF peace
- OF the proclamation of peace From
, the fact that other statutes concern
a., ing war activities contain each a
specific provision for determining
when il shall cease to be operative.
, and from the alleged absence OF
such provision here. IL is argued
that the term conclusion of the
war should not be given its ordinary
, legal meaning. that instead Il should
be construed at the time when ac-
tual hostilities ceased, or when the
q treaty of peace was signed at Yer
sailles, on June IS, 1919. by the
? American and German representa-
, [ uves: or more generally when the
=. actual war emergencies ceased b.
!. reason of our complete victory and
tho disarmament of the enemy
coupled with the rehabilitation OF
d. our army and the closing Of war ac-
tivities: or when the declard purpose
of the act of conserving the man
power of the nation. and efficiency
d. in the production of arms. munitions.
ships, food and clothing for the
= army and navy shall have been fully
satisfied. But there is nothing In the
words used TO justify such con-
e strucriOn
Congress Provided Ending.
Tt was expected that the con
. clusion of the war would proceed
the termination of rehabilitation.
g The congress therefore. provided
that the time when the act ceased TO
, be operative should be fixed by the
/ presidents ascertaining and pro-
z claiming the date when demobniza-
u ton had terminated.
1t is insisted that he has done Sc.
{ The contention does violence to both
= the language and the evident pur-
u pose of the provision. The date Of
which shall be determined and pro-
70 claimed by the president is a phrase
so definite as TO leave no room for
1 construction. This requirement. can
r not be satisfied by passing references
= in messages 10 congress. nor by
r. newspaper interviews with high Of
r hcers Of the army or with officials
/ OF the war department When the
$ president mentioned in his veto
G message the disqualification of the