The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-08-26
WAR PROHIBITION IS
UPHELD BY COURT

New York, Aug. 24.--Judge A. n.
Hand denied the application Of Sea-
tena, Lawson and Perelli, owners OF
wineries In California, for q temporary
injunction restraining the federal Of
ficials here from attempting to enforce
the wartime prohibition law pending
the trial of an action for a permanent
injunction. Judge Hand decideA that
the war is on until the treaty OF peace
is signed. and that the emergency that
caused congress to enact the law stili
exists
In their complaint the plaintiffs set
forth that they owned q vineyard OF
eighty acres in California. and that at
the close of business on June 80 they
had In stock upwards OF 100000 gal
Ions of saleable wine, valued at about
S550,0o0. The product OF the plain
tiff's business. 1t was alleged. produced
return aggregating $l.500eoO0 a
year. The complaint said that the en-
forcement OF the law would result in
the disorganization of the business
and the reduction of the value of the
plant to it's salvage or junk value.
This Is the first decision in this sui.
and one other OF a similar character,
brought by Samuel Seabury. Both
suits, 1t was said, were brought to es-
tablish the status of wineries through
out the country. There Is no similar.
ity between these suits and the actions
INSTITUTED by brewers, for the reason
that there Is no question as to the in
toxicating qualities OF wine. The
| plaintiffs alleged that the act pro-
hibiting them from continuing their
business is unconstitutional, and that
the enforcement OF the law as war
| time measure is unnecessary because
| the war Is over. Part of Judge Hands
opinion reads:
! 80 long as the treaty of peace ia
not ratified there is some chance OF
the resumption OF hostilities. though I
place but the slightest weight upon
this A war emergency, however of
serious import arises in respect to the
period of rehabilitation. During that
period there has been and still Is a
stream Of enlisted men coming into
and remaining in the United States.
The great stimulus engendered by the
popular excitement which attended
the war and by their expectation of
having to combat their countrys foes.
has disappeared and a more or less
purposeless and dull routine has fol-
lowed as the inevitable lot of the
young soldiers. Under such circum-
stances men are especially subjected
to all the temptations which lack Of
immediate definite purpose as we'll as
a certain relaxation Of discipline are
| likely to entail"
After calling attention to the rest
| lessness Of the great number OF men
who recently lived under great ex-
citement and the proneness of these
men to indulge freely in stfmulants
| Judge Hand said that congress. and
not the courts. had the sole right to
zeal with the emergency The opin-
ion calls attention to the fact that the
law was enacted to conserve the man
power Of the nation and to increase
efficiency in production. and then II
reads:
II think It plain that congress had
among it's objects the regulation OF
/ the liquor traffic during the period OF
demobiliza ton That was critical pc
| Rod. more critical in some respects
fthan that of active hostilitfes. II con-
eress thought that drastic prohibition
during a period when there would
probably be considerable lack of EN-
| ployment would be advantageous, II
was within the war power in my opin-
ion. for it to adopt legislation whicn
would caro- for these conditions artsins
so immediately after the war itself