Pine Bluff daily graphic., 1919-12-16
WARTIME DRY
 ACT RULED AS
 VALID BY COURT
Justice Brandies, However, Rules President May End Spell by Proclamation CHANGES FOR WET
 CHRISTMAS ARE SLIM Declares Congress Did Not Mean Law Should Terminate at
 End of War but at De-
 mobilization

Washington, Dec. 15.-By unan;- nous decision constitutionality of the wartime prohibition act was sustained today by the supreme court. The opinion given by Asso- ciate Justice Brandeis, held in ef- feet, however, that the war in- voked "dry" period still may be terminated by presidential pro- clamation of demobization. In rendering it's opinion, the court, however, did not act on the validity of the Volstead prohibition enforcement or on appeals involv- ing the alcoholic content of beer, leaving those cases to opinions which may be handed down next Monday before the court recesses for the Christmas holidays. To- days decision practically swept away all hopes of a "wet" Christ mas, as the possibility of the war time act being repealed before constitutional prohibition become, effective one month from tomorrow were considered remote.
 The cases decided were those of the Kentucky Distilleries and Warehouse company of Louisville, Ky, and Dryfoos, Blum and com pany of New York, instituted for the purpose of compelling the government to release whiskey from bond. In both cases the court denied contentious of Elihu Root and other attorneys for the distillers that the act, in violation of the constitution, takes private property without just compensa- tion; that the period of the war emergency for which the act was passed had termined; that the law was an interference with the Estate police powers and an undue 61xercise of the war powers of con- |i|sress.
 \ Congress did not intend the war time act to terminate at the con- clusion of war, but at the end Of the period of demobilization, in the view of the court, which held that the conclusion of the war clearly did not mean cessation of hostilities."
 Congress therefore provided" the opinion added, "that the time when the act ceased to be opera tive should be fixed by the presi- dents ascertaining and proclaim ing the date when demobilization had terminated"
 President Can Act.
 Had the president. on October 2s last, when he vetoed the Volstead act. believed that demobilization had terminated. the court said "he would doubtless have issued Then a proclamation to that effect tor he had manifested strong convitcion that restrictions upor the sale of liquor should end"
 Only by such proclamatio: gould the purpose of congress be attained; and the serious conse. quences attending uncertainty b. obviated.
 "ln view of facts of public know ledge," the opinion continued some of which have been referee 70, that the treaty of peace had moi yet been concluded; that the rail ways are still under national con tlol' by virtue of the war powers hhat other activities have not bee, brought to close; and that i cahnot moi be said that the man powe, ol the nation has been restored t,
 peace footing, we are unable t, be valid."
 The wartime act, the court als
 eld' IS not confiscatory, assertin, .nat more than nine months wer gwen dlstillers to dispose of thei sstocks. which time the court be ,leved to be adequate. The act als was not repealed, the court hele " the prohibition constitutions ha;nesn!dment. which it asserted,
 nnalng. not only in peace but als m war times.
 aAano,u,ncement was made tc
 oas mgn1 that the house agricultur
 ommlttee would meet tomorro,
 ;,, vote on the motion to table tn
 M or Representative Galliva,
 ,,n,,,. vm,,n.'rat, Massachusetts, whic
 Ir'iu In repeal the wartime act.
 internal revenue officials e,
 pn; wired tonight that the court
 pr, er,lon would not affect the bu1
 noI r@o $ plans for enforcing nation,
 psaonlloltlon in the least, as all pr,
 aratlons had been made on tf
 Ftitutional. '' "'' was 'o'
 frOduce 4O CAPI.OAnC