New Britain herald., 1919-07-23
ALLING ARGUES
 MEASURE ILLEGAL
Contends in Vain That As Peace Has Been Restored, Law is Unconstitutional,
 Not War Time Measure.
WILL FILE AN APPEAL

New York, July s. Con- stitutionality of the wartime prohibition act was upheld in an opinion handed down here today by Federal Judge Thomas 1. Chatheld, of Brooklyn, in a test case against Stephen A. Winery, a saloonkeeper, brought by the Liquor Dealers Associa- ton of Connecticut. Judge Chatheld's decision was based on testimony he heard re- gently in New Haven where he sat in the place of Federal Judge Edwin s. Thomas of Connecticut.
 Backed by State Association:
 Winery backed by the Connecticut liquor men, in order to test the val idity of the law, opened a saloon in Merden. He was arraigned before Judge Chatfield in New Haven on the. charge that on or about July last, he sold intoxicating liquor "un- lawfully and knowingly before the conclusion of the present war and be- fore the termination of demObiliza- ton, the date of which is to be de- termined by the president
 Defended by Lawyer Alling.
 The saloon-keeper was defended by Arnold A. filling, state prosecutor of Connecticut who demurred to- the charge against Winery on the ground that the law was unconstitutional and that as peace had been restored, it was not a wartime measure.
 It is said the decision will be ap pealed to a higher court. Judge Chatfeld, in his opinion, said:
 The defendant has demurred to this complaint upon the grounds: Charges UncOnstitutionahty. "G) That the facts set forth in the information do not constitute g. crime under the laws of the United States.
 "(2) That the act was committed on or about the Sth day of July, 1919, and, therefore, not on a day before the conclusion of the present war.
 
 1918 CChapter 212 of 65th Congress, second session., under which the de- fendant is charged, is unconstitution al in that it contravenes Amendment 10 to the Constitution of the United States reserving to the states, respec- lively, such powers as that of regu- lating the sale of spirituous and in toxicating liquors within each respec- tive state.
 "() That the act of Novemb 21, | 1918, is unconstitutional and void in that it contravenes the provisions of 1 the 18th Amendment, which prohi- | bits, after January, 1920, the sale of | intoxicating beverages and thus spe- 1 officially withholds from congress until January. 1920, the power to 1 prohibit the sale of spirituous and 1 intoxicating liquors within any par ticular state.
 "(5) That the act of Novem Der 21, 1 1918, is unconstitutional in that it l provides for the operation and en- forcement of provisions for war after l the termination of the war and until termination of demobilization by the express language of the statute, | which thus shows that the act is to 1 continue after the war emergency l had ended and the war subsided | "(6) That the information does not l allege any emergency or necessity | which could be denominated war and l which, therefore, could be a basis for 1 such legislation"
 The court after declaring that mo ! separate discussion of the first and 1 sixth grounds of the demurrer is nec- | essary inasmuch as it Is eviden that or >-i,,+1,