Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-12-15

Upon the courts decision on the
prohibition enforcement law. which is
expected early in January, Will de-
pend whether the federal government
has at hand any legal means for max
ing the amendment effective. the
hilton. however. the drys are conf
dent. will keep the, country dry until
the amendment is carried into ehect
by law of its own.
Will Meet Next Monday.
The court will render opinions next
Monday at which time the beer cases
are expected to be decided. after
which the court will recess until
January 5.
The prohibition constitutional
amendment will become effective jan
uGry 16.
Read by Justice Brandeis.
The decision of the court deciding
appeals from Kentucky and New York
involving the constitutionality OF the
wartime prohibition act was read by
Associate Justice Brandefs. "a. $50.
In deciding the question the Supreme
Court also dissolved injunctions re-
strainins revenue officials from inter-
fering with the removal from bond
of about 100000 gallons of whisky
valued at approximately 100000
held by the Kentucky Distilleries and
warehouse company at LOUISVILLE n.y.
Federal court DEGREES in New York
Diminishing proceedings brought by
Dryfoo= Blum & "ornnanv to comnal
internal revenue officials to permit the
~ithtlrawal from bond OF whisky
for beverage purposes were affirmed
by the court.
Opinion of Justice Brandeis.
.'The opinion of Justice Brandeis fol-
lows:
The war power of the United
States. like its other powers and like
the police power of the states. is sub
ject to applicable constitutional linn
itations; but the fifth amendment i'm
poses ir this respect no. greater linn
itation upon the national power than
does the fourteenth amendment upon
state power. If the nature and condi-
tons of a restriction upon the use or
disposit on of property is such that
state could. under the police power.
impose it consistently with the four
teenth amendment without making
compensation, then the United States
NAV for a permitted purpose impose
like restriction consistently with the
fifth amendment without making COM
pensation: for prohibition Of the
liquor traffic is conceded to be an ap-
propriate means of increasing our war
efficiency.
There was no appropriation of the
liquor for public purposes. The war
time DrOnlDltlOn act NSed a period OF
seven months and nine days from its
passage during which liquors could be
disposed of free from any restriction
imposed by the federal government.
Thereafter, until the end of the war
and the termination of mobilization. it
permits an unrestricted sale for export.
and. within the United States. sales for
ether than beverage purposes. The
uncompensated restriction upon the
disposition of liquors imposed by this
the restrictions upon the use of prop
erty acquired before the enactment of
the prohibitory measure which were
held TO be permissible in cases arising
under the fourteenth amendment.
Time to Dispose of Stocks.
"The question whether an absolute
prohibition of sale could be applied
by a state TO liquor acquired before
the enactment of the prohibitory law
answered. because unnecessary to a
decision But no reason appears why
state statute, which postpones it's
effective date long enough to enable
those engaged in the business to dis
pose of stocks on hand at the date of
it's enactment. should be obnoxious to
the fourteenth amendment: or why
such a federal law should be obnoxious
10 the fifth amendment
We cannot say that seven months
and nine days was not a rea soma BILE
time within which to dispose of all
liquors in bonded warehouses on No
Vember 81. 1918. The amount then in
storage was materially less than was
usually carried; because no such
liquor could be lawfully made in
America under the Lever food and fuel
control act after September g. 1917.
And If. as is suggested. the liquors
remaining in bond November 81, 1918,
were not yet sufficiently ripened or
aged to permit them to be advantage
S,usly disposed of within the limited
period of seven months. and some of
them antedating the enactment of the
statute here in question.
But we have also the fact that since
these statements were made and
these acts We're done Congress- on
October %, 1919. passed over the Pres
jdent's veto the national prohib ton
act. which, in making further pro-
vision for the administration of the
wartime prohibition act. treats the
war as continuing and rehabilitation
as Incomplete; that the Senate. on
November 10. 1919, refused to ratify
The treaty of peace with Germany:
Thai. under the provisions of the
J.. ver act. the President resumed on
;, q tober 80. 1919. the control of the
q fUel supply which he had relinquish :
ed partly on January 81, 1919, and
partly on February 20, 1919: that he
5s still operating the railroads. OF
y hich control had been taken as a