Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-11-13
Federal Court in Providence,
R. l., Issues Temporary In
junction Against Officials
Enforcing Wartime Dry Act.
SALE OF FOUR PER CENT
BEER RESUMED AT ONCE
Another Judge in Louisville.
KY, Enjoins Internal Rev.
enue Collector From Inter-
fering With Sale of Whisky.

Providence, R. l., Nov l2.-Judge
Arthur l.. Brown, in the federal dis
trict court, today issued temporary
i.;iunction against Harvey A. Baker.
United States attorney, and George
r. Shaunessy, collector of internal
revenue, restraining them from en-
forcing the provisions of the war
time prohibition act The >injunc
tion was issued upon the petition of
the Narragansett Brewing COM
pany.
The sale of 4 per cent beer was
Immediately resumed by Providence
liquor dealers.
The opinion is the first construc-
ton of the Volstead prohibition en-
forcement) act handed down by any
court in the country. 1t virtually
states the belief Of the court that
The entire wartime prohibition act
is unconstitutional and cannot be
enforced.
The court, in handing down its
decision, said:
I'm view of the probability that
the act in question will ultimately
be held unconstitutional and of the
.irreparable damage that would re-
suit from its immediate enforcement,
and as, in view Of the evidence af-
forded by the presidential proclama-
tions and other circumstances its
Immediate enforcement is not i'm
perative am convinced that the
Plaintiffs right to preliminary in
junction is clear" y X
The decree will be entered tomor-
row, when it will become effective.
Fixed Time of Ending Sale.
"The 18th amendment became a
part Of the constitution immediate
ly upon it's ratification" the opin-
ion recitesI 1T then fixed the time
at which the powers of the states
over subject heretofore always un-
der their control Should cease; at
which the United States govern
ment, the government of the states
and the municipalities should be de-
prived of sources of revenue from
which millions had been derived; at
which great industries employing
thousands of men should cease, and
at which the value of enormous prop
critics for the use for which they
were designed should be finally
destroyed; and at which there
should be enforced radical change
in personal habits.
1T is inconceivable that this
would have been done W ,hout-the
provision for period during which
the loss might be to some extent
provided for and lessened. -
"The amendment provided for
mot only what should be done after
January, 1920, but by the words
after one year gave, express evil
drnce of consideration and deter
nination OF the necessity of afford
ing to the states and citizens and
to the departments of the federal
government as we'll, period of re-
adjustment of their affairs to the
new conditions that would result
from a transfer of powers from the
states to the federal government.
Destroys Rights of Citizens.
"There can be no question Nhat
the present legislation, if valid, de-
stroys rights of states and citizens
(which, but for that legislation they
might enjoy, and which were. re-
spected and recognized in the adop-,
ton of the amendment.
aside from the question OF the
repugnancy of this act to the
amended , constitution, there are
questions of the most serious char
acter as to whether this legislation
does not contain provisions which
go far beyond permissible exercise
of any constitutional war powers.
81 am of the .opinion that the
time provision contained in the 18th
Amendment is an essential and insep-
arabic part of that amendment that
without it, it would not have been
submitted to the people and would
not have been adopted; that it is
an express provision made to cover
the special emergency of radical
change in the constitution, and to
obviate obstruction of the rights of
states and of citizens"
Another Opinion.
Louisville, KY, Nov. 12.-Federal
Judge Walter Evans in open court
declared here today he is firmly
of the opinion wartime prohibi
ton is unconstitutional and indica
ted a disposition to enjoin Elwood
Hamilton, collector of internal rev.
enue for Kentucky. from interferA
ing with the sale of about 100000
gallons of tax-paid whisky known
as floor stock"
Case Under Advisement
Chicago, Nov. l2-Federal Judges
Carrenter and Eit t,r,y aunniitced