The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-31
TOWN BONE DRY
ASEVEN BEER
STOPS FLOWING
Interest Now Centres i'm Big
Legal Actions by Vets
and Drys.
INJUNCTIONS ARE SOUGHT
Liquor Men Fight to Establish
UncOnstitutionality of the
Prohibition Act.
INJUNCTIONs ARE SOUGHT


will be favorably swayed by the Presi-
dents statement to Congress in his fu-
tile veto message that the war time
emergency justifying war time pro-
hibition is at an end, the big brewing
interests instituted a new injunction
suit yesterday against Federal officials
charged with the enforcement of the
Volstead act. This proceeding, brought
in the United States District Court for
Jacob Rupert by Root, Clark, How
land G. Buckner. is the most important
action SO far launched to kill wartime
prohibition. -------
II is especially interesting because OF
the new belief of the brewers and their
counsel, headed by Elihu Root, that
the Presidents attitude must be taken
into consideration by the Federal
judges, since the President is to be
regarded as the best authority in >he
matter. This is a brand new method
of attack, one adopted by the brewers
with the highest hopes Of success.
Jacob Rupert, corporation, brings
suit, but Col. Rupert is acting for the
whole brewing industry. II an In
junction is secured against Francis
@. Caffey, United States District At
torney. and Richard J. McElligott,
Acting Collector OF Internal Revenue
for the Third District Of New York,
II would mean, in the opinion OF the
brewers counsel, the death OF war
time prohibition and, OF course, abso-
lutte nullification Of the Volstead en-
forcement act. The complaint was
filed yesterday. To-day counsel for
Col. Rupert will make formal re-
quest for hearing on the complaint
and the date will be set for that hear
Ing. This will be in the near future
inevitably; probably on November 8
or 8.
The new injunction suit is based on
the theory that war time prohibition is
unconstitutional because Congress has
no constitutional power to prevent the
manufacture, distribution and sale of
beer land OF course all other alcoholic
liquors) after the war time emergency 10
over as declared by the President, and
upon the theory also that continuance of
war time prohibition deprives the brew
ers Of their property without due process
of law and is therefore a violation of
the fifth and tenth amendments of the
Constitution.
Cite Wilson Statement.
In support OF the first theory, the Root
firm especially calls to the courts at
tention the Presidents statement on Oc-
tober 27. that the army and navy had
been demobilized and that the objects Of
the prohibition embodied In the war time
prohibition act of November II, 1915
arising out OF the emergencies of the
war, had been satisfied. Note is taken
OF the facts that Germany and Austria
are disarmed and helpless, that the war
activities of the United States have
ceased to function and that food reguIa-
tions and restrictions have been can
celled or removed The argument is
squarely put that, in fact the war is
over.
In support OF the second theory, coun-
sci asserts that the large business Of
Jacob Rupert, concerning which inter
estlng figures are given, would be ruined,
along with the billion dollar investments
of the general brewing industry and al
lied industries, unless relief can be had
from what is termed an absolutely un-
reasonable, arbitrary and unconstitu-
tional war time prohibition law. Con-
corning the scope and profits Of Jacob
Rupert, Inc, alone the complaint states
that, In addition to other valuable real
estate. the concern owns three plots COM
prising sixty-five lots, used solely f0r the
brewing business and having an assessed
valuation of s1,S40.0o0. and that the
present book value of its fixtures, plant
and personal property 10 10.70o.000.
The profits OF the brewing business
before war time prohibition came along
are shown by this further statement
That the business thus conducted by
1t amounted In 1915, 1917 and 1918 to
over $4,000. 900, 100000 and 10000
900 respectively. the average net profits
during these three years amounting to
more than $1,000, 900 a year."
In the past three years the Rupert
concern sold to about 1000 customers, to
whom II sold in 1915, 1,10b,000 barrels |;
In 1917, 100000 barrels. and In 1918,
| s04. 900 barrels. 1t is stated also that
In these three years the firm paid taxes
as follows:
US state
Int. Rev. and city
1919. $l.s6t.oo0 $4,000
iisi..'.''''..'.''''" s'17sss'SUS ESOS SSOS
TOO Men Are Employed.
The firm employs more than 100 men
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