The American issue. [volume] (Westerville, Ohio) 1912-19??, 1919-12-19
TEXT OF SUPREME COURT DECISION
UNFOLDING WAR PROHIBITION LAW


The war power of the United
States, like its other powers and like
the police powers of the states, is
subject TO applicable constitutional
limitations, but the fifth amendment
imposes in this respect no greater
limitation upon the national power
than does the fourteenth amendment
upon state power. II the nature and
conditions OF restriction upon the
use or disposition of property is such
that state could, under the police
power, impose ii consistently with the
fourteenth amendment without max
ing compensation, then the United
States may for permitted purpose
impose a like restriction consistently
with the fifth amendment without
making compensation for prohibition
OF the liquor traffic is conceded to be
an appropriate means of increasing
our war efficiency.
property Not Appropriated
There was no appropriation OF the
liquor for public purposes. The war
time Prohibition act fixed period OF
seven months and nine days from its
passage during which liquors could be
disposed of free from any restriction
imposed by the federal government.
| Thereafter, until the end of the war
and the termination of rehabilitation,
| il permits an unrestricted sale for
export and, within the United States,
sales for other than beverage pur-
poses.
The uncompensated restriction upon
the disposition of liquors imposed by
this act is of nature far less severe
than the restrictions upon the use Of
property acquired before the enact
ment of the, prohibitory law which
were held to be permissible in cases
arising under the fourteenth amend
ment.
The question whether an absolute
| prohibition of sale could be applied
by state to liquor acquired before
the enactment Of the prohibitory law
has been raised by this court, but not
answered because unnecessary to a
| decision.
Constitution Not Violated
But no reason appears why state
statute, which postpones its effective
date long enough to enable those en-
gagged in the business to dispose OF
stocks on hand at the date of its en-
actment, should be obnoxious to the
fourteenth amendment; or why such
federal law should be obnoxious to
the fifth amendment We can not
say that seven months and nine days
was not a reasonable time within
which to dispose of all liquors in
bonded warehouses on Nov. q, 1918.
The amount then in storage was ma
terialiy less than was usually carried,
because no such liquor could be law
FULLY made in America under the
Lever food and fuel control act after
Sept. 9, 1917.
And if, as is suggested. the liquors
remaining in bond Nov 81, 1918, were
not yet sufficiently ripened or aged to
permit them to be advantageously
disposed of within the limited period
of seven months and nine days there
after, the resulting Inconvenience to
the owner, attributable to the inherent
qualities of the property itself, can not
be regarded as taking of property
in the constitutional sense.
War Not Technically Ended
Did the act become void by the
passing OF the war emergency before
the commencement of these sutsf 1t
is conceded that the mere cessation of
hostilities under the armistice did not
abridge or suspend the power of Con-
gress to resort to prohibition OF the
ilQuO1 ITdlIlC as q means OF increasing
our war efficiency; that the support
and care of the army and navy dur
ing rehabilitation was within the
war emergency; and that hence, the
act was valid when passed. The con-
tention is that between the date of its
enactment and the commencement OF
these suits it had become evident that
hostilities would not be resumed; that
rehabilitation had been effected; that
thereby the war emergency was re-
moved and that when the emergency
ceased the statute became void.
Shows Emergency Still Here
"To establish that the emergency
has passed. statements and acts of
the president and of other executive
officers are adduced, some of them
antedating the enactment of the stat
ute here in question. But
we have also the fact that since these
statements were made and these acts
were done, Congress on Oct. %, 1919,
oace,J @,.ar tba ,,atc tho