The Hartford republican. (Hartford, Ky.) 18??-1926, 1919-12-19
WARTIME BAN ON
(. BOOZE Held LEGAL
Supreme Court Reverses
Lower Court In IMAM
imous opinion

Washington, Dec. 15.-By unani-
nous decision, constitutionalit$ OF
= the wartime prohibition act was sus-
tained today by the Supreme Court.
The opinion given by Associate JUS
tice Brandeis, held in effect, however,
that the war-invoked dry" period
still may be terminated by president
lal proclamation of rehabilitation.
Y In rendering its opinion the Court,
however. did not act on the validity
of the Volstead prohibition enforce
ment act or on appeals involving the
alcoholic content of beer, leaving
those cases to future opinions, which
may be handed down next Monday
before the court recesses for the
christmas holidays.
Today's decision practically swept
away all hopes of wet Christmas
as the possibilities of the wartime
act being repealed before constitu-
tional prohibition becomes effective
sifered remote.
The cases decided were those of
the Kentucky nistillers and Ware
house Company, of Louisville, Ny"
and Dryfoos, Blum q Co., of New
York, instituted for the purpose of
compelling the government to release
whiskey from bond.
In both cases the court denied con-
tention of Elihu Root and other attor-
neys for the distillers that the act
in violation of the constitution takes
private property without just COM
pensation, that the period of the war
emergency for which the act was
4 passed had terminated, that the law
was an interference with the state
police powers and an undue exercise
of the war powers of Congress.
Congress did not intend for the
kwar-time act to terminate on the con-
clusion 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 cessation of hostilities."
Congress, therefore provided" the
opinion added, that the time when
the act ceased to be operative should
be fixed by the Presidents ascertain
ing and proclaiming the date when
rehabilitation had terminated"
Wilson Failed To Act.
Had the President, on October 2S
last when he vetoed the Volstead act,
believed that rehabilitation had
Terminated, the court said. "he would
doubtless have issued then procla-
nation to that effect for he had man
ifested a strong conviction that re-
striction on the sale of liquor should
end"
"Only by such proclamation could
the purpose of CongrasS>be attained.
Hand the serious consequences atten l.
ing uncertainty obviated.
''In view of the facts of public
knowledge" the opinion continued,
''some of which have been referred
to. tsat the treaty of peace had not
>yet been concluded, that the railways
Still are under national control by viz
tue of the war powers, that other war
activities have not bean brought to
close, and that it can not even be said
that the man-power of the nation has
been restored to a peace footing, we
Are unable. to conclude that the act
mas ceased to be valid"
Act Not Confiscatory.
The wartime act, the court also
held, is not cOnfscatory, asserting
that more than line months were CIV
en- distillers to dispose of their stocks
which time the court believed to lie
adequate. Tae act also was not re-
healed, the court held bv the prohibi-
<ioa constitutional amendment, which
II asserted is binding not only In
Deace but aiso in war timeT