Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1919-12-19
tn e SEN TIN Ell.
ROCKVILLE. MD.
Wartime Dry Act Is Held Valid BY
Unanimous Court.

By unanimous decision, constitutionaity
Of the Wartime Prohibition Act was sus-
tanned last Monday by the U. S. Supreme
Court. The opinion. given by Associate
Justice Louis Brandeis. held in effect, how
ever. that the war-invoked dry" period
still may be terminated by Presidential
proclamation Of rehabilitation.
In rendering its opinion the Court did
not act upon the validity Of the Volstead
prohibition enforcement act or on appeals
involving the alcoholic content Of beer.
leaving those cases to future opinions.
which may be handed down next Monday
before the Court recesses for the Christmas
holidays. Mondays decision practically
swept away all hopes Of a wet" Christ
mas. as the possibilities Of the wartime
act being repealed before constitutional
prohibition becomes effective January is
were considered remote.
The cases decided were those Of the
Kentucky Distillers and Warehouse Com
pany, Of Louisville, and Dfyfoos. Blum &
Co.. Of New York, instituted for the pur
pose of compelling the Government to re-
lease 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 COM
pensation. that the period Of the war
emergency for which the act was passed
had terminated that the law was an in
reference with the State police powers
and an undue exercise Of the war powers
Of Congress.
Congress did not intend for the wartime
act to terminate on the conclusion Of the
war. but at the end Of the period Of de-
mobilization 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 opin-
ion added. "that the time when the act
ceased to be operative should be fixed by
the Presidents ascertainine and proclaim
ing the date when rehabilitation had
terminated"
Had the President on October 20 last.
when he vetoed the Volstead act. believed
that rehabilitation had terminated, the
Court said, "he would doubtless have
issued then a proclamation to that effect.
for he had manifested strong conviction
that restriction upon the sale Of liquor
should end"
only by such proclamation could the
purpose Of Congress- be attained. and the
serious consequences attending uncertain
ty be obyiated."
I'm view Of facts of public knowledge"
the opinion read. some Of which have
been referred to. that the treaty of peace
had not yet been concluded. that the rail-
ways are still under national control by
virtue Of the war powers. that other war
activities have not been brought to
close. and that it cannot even be said
that the man power Of the nation has
been restored to a peace footing we are
unable to conclude that the act has ceased
to be valid"
The wartime act, the Court also held. is
not confscatory. asserting that more than
nine months were given distillers to dis
pose Of their stocks. which time the Court
believed to be adequate. The act also was
not repealed. the Court held. by the prohi-
bition constitutional amendment, which. it
asserted. is binding not only in peace. but
also In war times
Internal revenue officials explained that
the Courts opinion would not affect
the bureaus plans for enforcing national
prohibition in the least. as all preparations
had been made upon the assumption that
the act was constitutional
Associate Justice Brandeis held that the
prohibition amendment was binding on the
States as well as the Federal Government.
The Court viii render opinions again
next Monday. at which time the beer cases
are expected to be decided. after which
the Court will recess until January S.
Upon the Courts decision on the Prohibi-
ton Enforcement law will depend whether
the Federal Government has at hand any
legal means Of making the amendment
effective. The constitutionality Of the war.
time prohibition. however. the drys are
confident. will keep the country dry until
the amendment is carried into effect by
law of ita otNn