Norwich bulletin., 1919-07-24
SAYS WIN VICTORY
 IN LIQUOR TEST CASE

New York, July 23.-Constitutiona1
 ity of the war-t time prohibition act was upheld in an opinion headed down
 here today by Federal Judge Thomas I. Chatfield of Brooklyn in a test case against Stephen A. Winery, a saloon keeper, brought by the Liquor Deal CTS Association of Connecticut; Judge
 Chatfield's decision and based upon testimony he heard recently in New
 Haven, where he sat in the place of Federal Judge Edwin $. Thomas of Connecticut.
 Winery, backed by the Connecticut liquor men, in order to test the validity of the law, opened a saloon in Meriden. He was arraigned before Judge Chat field in New Haven on the charge that on or before July last he sold in tOXicating liquor 'unlawfully and knowingly before the conclusion of the present war and before the termina- ton of demobiliza ton, the date of which is to be determined by the presi- dent
 The saloonkeeper was defended by Arnold A. filling, state attorney for New Haven county. who demurred to the charge against Winery on the ground that the law was unconstitu- tional and that as peace had been re- stored it was not a war time measure.
 It is said the decision will be ap- peafed to a higher court. Judge Chat field in his opinion said:
 'The defendant has demurred to this complaint upon the ground:
 "C1) That the facts set forth in the information do not constitute "a crime under the laws of the United States.
 12) That the act was committed on or about the Sth day of July. 191e and. therefore, not on a day before the con clusion on the present war.
 "(3) That the law of November 21, 1918 (chap- PIP of 65th congress End session. under which the defendant is charged. is unconstitutional in that it contraVeneS amendment 10 to the constitution of the United States re- serving to the states respectively such powers as that of regulating the sale of spurious and intoxicating liquors within each respective state.
 (D That the act of November 21, 1918 is unconstitutional and void in that it contravenes the provisional of the 18th amendment which prohibits after January 1920, the sale of intoxi- eating beverages and thus specifically withholds from congress until Janu- ary 1920, the power to prohibit the sale of spurious and intoxicating liquors within any particular state. is-"(5) That the act of November 21, 1918, is unconstitutional in that it provides for the operation and enforce ment of provisions for war after the termination of the war and until ter imitation of demobilization by the ex- press language of the statute, which thus shows that the act is to continue after the war emergency had ended and the war subsided.
 "(6) That the information does not allege any emergency or necessity which could be denominated war and which, therefore, could be a basis for such legisla tion.'
 The court, after declaring that mo separate discussion of the first and sixth grounds of the demurrer is nec- essary inaSmuch as it is evident that, if the law be upheld over the obpec- t1onS raised by the other grounds of the demurrer, these furnish no reason why the law should be held beyond the powers of congress and uncon- | stitutional" opined that the prohibit | tiOn of the sale of intoxicating liQuOrS through the exercise of the power to levy war is within the right of con- gress in the exercise of it's discre- tion.'
 Judge Chattield dismisses the third | ground of the demurrer that the war time prohibition law contravenes -arti- | cle 10 of the amendment to the con- stitution, declaring that If congress 1 had the power to enact this particular | law for the purpose of conserving food l it is no objection to an exercise of | that power to say that it thereby ac- l complishes prohibition of the sale of alcoholic liquors, which under other l to legislation by the particular state" |
 The second and fifth grounds of the i demurrer are set aside on the basis | Of United States supreme court de- l oiSloi HoluliS diSo lndl as mat ter of fact we are still at war with 1 and the army which had been | the war with Germany and l Austria is not in fact demobilized."
 Judge Chatfield further observes: | "The conditions which made it neces- sary to legislate with relation to the l actual maintenance of war involved | also the power to adjust the conditions l resulting from the cessation of hostilit- ies so that war may be terminated and | peaceful occu pa tionS resumed without | destructive effect from the exercise of 1 the powers relating to the conduct of the war itself.