New-York tribune., 1919-11-07

'-H%~-Ft*s
Dryfoos, Blum & Co. 10 withdraw from
bonded warehouses IA packages Of dis
il.ed spirits, which include hfty bar
els Of whisky and twelve barrels Of
Jrandv
The wartime prohibition law may
ave been constitutional when adopted
fr Noyes said. but he raised the Ques-
ion IS 70 its constitutiorality because
,, the changed conditions st the time
yhe7 Collector Edwards refused his
,iiens permission 10 withdraw their
iQuo-s from bond.
The Purpose Fulfilled
Iudge Noyes SAID the act was created
70 conserve the man power OF the na-
on bat that purpose has been full
LED
The army ard navy are on ( peace
ASS - SAID. "Tnc President has
sroc aimed the war a an end. There
ore the var emergency is ended TOO
The Eighteenth Amendment. he said
gave the liquor interests one year in
when % dispose of their stocks. That
me does rot expire until January.
920,' he continued And the purpose
u the amendment mas been couaicted
7ith b. he enactment Of the present
az before rhe vear expired"
The arguments advanced by Nj
loves we're opposed by Assistant
United States Attorney Earl 3. Barnes
IL the ground that the [ nited states
till is technically st war with Ger
many and Austria
4 the opening o. the afternoon ses-
ion the case OF Jacob Rupperr 81 cor
,orac.07 against The Attorney Genera
= the United States camc before ne
ourt. William D. Guthrie. associated
Fith Eiihu Root. presented the opening
srgumen ent in which he declared .rac
h nasty action o. Congress ~ over
ric r. nc Presidents ve-o was not h
uEeestion thai The President vas
rrors Mr- Guthrie characterized the
ar rs new leg. alton. "ruinous ard
destructive L Guy business"
To Protect From Oppression
"Iha purpese OF the trainers OF the
Constitution Mr. Guthrie said. was
70 protect t0e people from oppression.
-1a they ciy .del the Var power oe-
wesu 1re PresiGen. and Congress- Bat
Il tae Qower and iurisd ction % de-
-.are War. 70 UoEe war ana 70 provide
lor ne accessories oi war are Vested
eitN the President He has the broad
powers The President is best
ia .fed 20 determine whether or not
NJ Guthrie then citeG The nun erous
7ar activities that have been terninat-
d g. showing sha. state u wsr 10
longer EXISTS H. referrod to the Pres
gents mes sage n July. IN addressing
Cor cress VI ich stated the war had
enGed II Decer her. 1919. and repeated
his in rs 1919 Thanksgiving procla-
nation.
Even as lats as October =. Mr.
Guthrie ail The President ir mes
sage 10 ongress proclaimed that &c
VAS taking place His
.orians WI sav thar var Vas concluded
iast Novern ber.' ne said "No writer
Kill ever consider i. Wa erdea when
me peace treaty was ratified
Colonel Cafey Makes Reply
hy. Guthrie was followed by Francis
6. Csffey. United States Attorney.
"Tne declaration Of the Pres dent
he said calling a state Of war did
rot os itself infer tina; the war mad
Just begun with his declaration but
vas only making known that g state
81 war should be declared Congress
could have disagreed with the Prest-
lent as TO his deoluretion 1t was not
until Congress agreed with the Pres-
le0t's declaration that state OF war
oficially existed.
AFTER Congress declared war the
President vas not exclusively vested
nth the power 10 wage wav The
President alone could not cal p single
sitize0 INTO the military service o1
ne United States.
"lt was nor the spring o. 1865, bur
Angus, 1866. ina. the Civil War
ended Mr. CaFev SAID The sus-
pension OF hostilities does not mean
l y
day IS legally in q state Of war with
Germany. Congress has the same right
20 pass the legislation il did d week
ago as Il did or November p. i9lS
7 we are a. war then we are At war
'o-day. only Ne are negotiating d peace
treaty"
ASIDE from the acts % war Il is the
legislative action that controls the WAT.
Ny Cafey argued He SAID the Presi-
dent might ask Congress FOR authority
'or certain number OF men in the
army, and Congress sht disagree
wltn nm ard provide for more or
fewer than the Pres deu. requested.
"It $ the duty OF the judiciary OF
his 9overn uent" ne said, TO see 10 il
hat ihe legislative branches do not
~un efoul OF the law and the Consu-
.ution in me carrying out Of the
g,shes Of the people"
Says Congress Had No Authority
Mr. Root argued that Congress had
10 constitutional authority to prohibit
the manlfacture Of beer, such as tae
Rupp ~ company make. ION October
-" Nj Root SAID, the SAFE or this
Deer was legal On October - tthe
late Of The enactment of the No'sted
act by overriding the Presidents Veto
ongress had no constitutional author
y to prohibit the manufacture and
5ale Of the kind OF beer made by the
RUPERT company"
Mr. Root argued that in passing the
oil Congress was not exercising its
constitutional power "to raise AID
support armies"
The President had told Congress
that the armies had been demobolized J"
ne said. "He had said over and over
again that the actual war ended and
that II was no longer necessary 20 raise
and support an army X said that
~nen the arnistice was signed Now the
srmistlce has been executed. Theenemy
nad lad down its arms. II has sur
rendered its navy and sunk it. dis
oahoed its army, and given up It's
munitions. There are no countries in
ne world which are so certain not
% wage war during our lives as Ger
many and Austria
hany things have been necessary
in the raising and maintaining of an
army in time OF war which are not