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

CONTINUED FROM PAGE ONED
pose Of stocks on hand at the date
Of its enactment should be obnoxi-
Gus TO the 18th amendment: or why
such a federal law should be OBJ
nOxious TO she fifth amendment. We
cannot say that seven months and
nine days was not a reasonable time
within which TO dispose of all liq-
uors in bonded warehouses ON Nov.
q. 1918. The amount then in stor-
age was materially less than was
usually carried, because no such liq-
uor could be lawfully made in Amer
lea under the Lever food and fuel
control act after Sept. 9, 1917. And.
II as is suggested. the liquors re-
naming in bond Nov. 81. 1918. were
not yet sufficiently ripened or aged
TO permit them TO be advantageous
" disposed OF within the limited
period of seven months and nine
days. thereafter the resulting incOn-
venience 10 the owner. attributable
TO the inherent qualities of the prop
erty itself cannot be regarded as a
taxing OF property in the constitu-
tiOnal sense.
Second: Did the act become
void by the passing Of the war emer-
gency before the commencement of
these suits IT is conceded that the
mere cessation OF hostilities under
the armistice did not abridge or
suspend the power Of congress to re-
sort 70 prohibition of the liquor traf-
nc as a means OF increasing our war
efficiency: that the support and care
Of the army and navy during de
mobilization was within the war en-
Urgency; and that, hence. the act
was valid when passed. The con-
tention IS that between the date OF
it's enactment and the commence
ment of these suits it had become
evident that hostilities would not be
resumed. that Rehabilitation 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
has passed. statements and acts Of
he president and OF other executive
officers were adduced; some Of them
antedating the enactment OF the
statute here in question. There are
statements Of the president 20 the eff
feet that the war has ended and
peace has come. that certain war
agencies and activities should be dis
continued, that our enemies are i'm
potent 20 renew hostllities and that
the objects of the act here I'm ques-
ZION have been satisfied IN the de-
mobilization OF the army and navy.
10 IS shown that many war time ac-
tivities have been suspended; that
vast quantities OF war materials
have been disposed Of: that trade
with Germany has been resumed
and that censorship Of postal tele-
graphic and wire communications
has been removed. But we also have
the fact that since these statements
were made and these acts were done
congress. on Oct 2S. 1919. passed
over the presidents veto the nation
a. prohibition act. which i'm making
further provision for the administra-
ton of the war time prohibition act.
treats the war as continuing and de-
mobilization as incomplete. that the
senate on Nov. 70. 1919. refused 20
ratify the treaty OF peace with Ger
many that under the provisions of
the Lever act. the president resumed
on Oct IS, 1919. the control OF the
coal supply which he had reIinquish-
"a partly on Jan. 81. 1919. and part
81 on Feb. 90. 1919. that he Is still
operating the railroads. OF which
control had baau taken "a q war
Hsasure and that on Nov. IS. 1919.
De vetoed senate bill 64I because Il
diminished that control; that pur-
s5ant 20 the act OF March 4. 1919. he
continues 90 control. by means Of
The food administrator grain cor
so-ation. the supply Of grain and
wheat flour. that THROUGH the United
states sugar equalization board. in
0rForated be still regulates the
prtos e kuRAr. th.f ia his message