Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1919-12-16
WAR PROHIBITION
CONSTITUTIONAL.
SAYS j. s. COURT
Proclamation of Peace Held
to Be Necessary Before
State of War Is Ended,
2.75 Beer Not Mentioned

WASHINGTON, Dec. 15.-War-
time prohibition was held constitu
tional today by the supreme court
in a unanimous decision. Thus van
ished the hopes of many for a wet"
holiday time.
No decision was rendered OH the
cases involving THE constitutionality
of the Volstead Nav, the prohibition
enforcement act, framed to carry on,
the intent of keAprohibition amend
ment othe constitution.
In passing, however, Associate
Justice Brandeis d1t.S hold that tn,
prohibition amendment was binding
on the states as we'll as the federal
government
The court entirely reversed the
contention of the vets, that war;
time prohibition was outside the
wartime powers Of congress and
pointed out that wartime control OF
food and railroads still were in ef-
feet.
The decision added one of the final
milestones to the long fight to make
the country dry.
After giving decisions today, the
court recessed for the holidays and
does not meet again until early in
January. The prohibition constitu-
tional amendment will become effec-
tive January 16.
Upon the courts decision on the
prohibition enforcement law, which
is expected early in January, will
depend whether the federal govern
ment has at hand any legal means
for making the amendment effective.
The constitutionality of wartime
prohibition, however, the "drys' are
confident, will keep the country dry
until the amendment is carried into
effect by law of it's own.
The decision read by Justice Bran
diees before a court crowded with at"
torneys for the liquor interests and
the prohibition forces took up the
contention of the liquor interests in
their attack on the law and then
flatly declared that there was no
sound foundation for them.
Justice Brandeis, deviating from
the usual custom of the court, did
no. keep the large crowd in suspense
until after the reading of the opin-
ion, before announcing the final de-
cision, but announced Immediately
that the decision of the Louisville
court is reversed ard that of the
New York court affirmed.
The four contentious of the liquor
interests, which the court swept
aside as not having a legal founda-
ton were: That the wartime pros
hibition law deprived the citizens
of their property without just COM
pensation in violation of the fifth
amendment; that it has become void
through the cessation of hostilities;
that it was repealed by the provision
of the constitutional amendment all
lowing liquor interests in a year to
dispose of their stocks; that it ex-
pired with the termination of de-
mobilization.
Liquor Interests Knocked Out
The refusal Of the court to agree
to any of these contentious makes
the decision so sweeping that the
liquor interests, it is believed, have
new no way of knocking out the
law.
Answering the first contention
the court held that the liquor in
terests cannot expect the govern
ment to compensate them. The opin-
ion indicates that the court thinks
the period between the time war
Time was pdSSCu III ~
vember q, 1918, and the date it
went into effect, July /, 1919, was
ample to dispose Of these stocks and
in addition pointed out that the
liquor can be exported. -.
1--WE cannot say that seven months
and nine days was not reasonable
time" Justice Brandeis said.
Regarding whether the wartime
emergency has passed the court held
that the statement of the president
! that the war is over does not con-
stitute a proclamation OF peace.
Neither has rehabilitation been COM
pIeted, the court held, referring to
statement Of Secretary OF War
Baker on December / that the army
was "a per cent demobilized.
"It is clear, at EAST probable, thai
the reason why the president did not
declare rehabilitation complete,
though not favorable TO the con-
tinuance of the law, was that he felt
he could not accurately and legally
SO state" Mr. Brandeis said. There
IS no basis for the contention that
the presidents words Vetolng tue
Vo1stead act constitute a proclamd-
ton.
Justice Brandies pointed out that
the Lever food control act, the guar
anteed wheat price, control of sugar
and the action of the president In
vetoing the bill taking away his pow
err over railroad rates, all indicated
that the war has not been concluded,
and that the government is stlll
exercising it's war powers.
The contention that the years inn
munity granted under the constitu-
tional amendment repealed wartime
prohi bitton, the court disposed of
with the declaration that 1t is clear
ly unsound," Mr.. Brandeis pointing
out that if this view were accepted
it would repeal all state prohibition
laws, since the constitution is bind
ing upon all the states.
In conclusion the court flatly de-
cIared that only the proclamation OF
peace can officially end the war in
the legal sense of the prohibition
law.
War Not Ended
The armistice and the signing OF
the peace treaties at Versailles, the
court definitely declared, do not con-
stitute "the conclusion of the war"
1.-THE conclusion of the war clear
Iy did not mean cessation of hos
tilites, because the act was approv-
ed ten days after the armistrce vas
signed" Justice Brandeis concluded.
Tennessee Had %
Strikes in 1919