Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-12-15
Dry LdlU Upheld
by Supreme Court
Continued From Page 0ne

time within which to dispose Of ali
liquors in bonded warehouses on No
vcmber u. 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 9, 1917.
And if. as is suggested. the liquors
remaining in bond November y, 1918.
were not yet sufficiently ripcned or aged
to permit them to he advantageously
disposed of within the limited period of
seven months and nine days thereafter,
the resulting Inconvenience to the owner.
attributable to the inherent qualities of
| the property itself, cannot be regarded
as a taking Of property in the consti e
tutiOnal sense.
ReCites Laws Provisions
'Thel" was no appropriation for thC
liquor for public purposes. The war
time prohibition act fixed period oI
seven months and ninc days from its
passage during which liquors could bC
disposed Of free from any restriction i'm
| posed by the federal government. There
after, until the end of the war and th'
| termination of mobilization. it permits
| an unrestricted sale for export and
/ NlIDln tnt Ull'U Nlul'S, SUITS l'l blntl
than beverage purposes.
"Tho uncOmpcnsatcd restriction upor
| the disposition of liquors imposed b!
! this act is of n nature far less sever
than the restrictions upon the use o
property acquired before the enactmen
of the prohibitory which were held t
be permissible in cases arising undd
tho fourteenth amendment. The ques
ton whether an absolute prohibition O
sale could be applied bt a state to liquo
acquired before the enactment of tn
prohibtory law has been raised by thi
court bnt not answered, because un
necessary to a decision.
did the act become void by the pass
ing of the war emergency before tn
commencement of these suits? 1t j
conceded that the mere cessation o
hoStilities under the armistice did no
abridgp or suspend the power Of Con
gress to resort to prohibition of til
liuuor traffic as q means OF increasln
our war efficiency that the Euppoft an
care of the army and navy durin
rehabilitation was within the wa
emergency and that hence. the az
was valid when passed.
War Powers Still Exist
The contention is that between tn
date of its enactment and the com
,, menccment of these suits it had be
come evident that hostilities would ne
be resumed; that demobilization ha
been effected; that thereby the wa
emergency was removed ana that whe
the emergency ceased the statute becaT
void.
'"To establish that the emergency hi
mud nctg of III
President and Of other executive o
ficcrs are adduced, some of them al
tedating the enactment of the statu
hero in question. = But v
, have also the fact that since the
statements wer made and these acts we
! done. Congress, on October 2S. l9l
passed over the Presidents veto 4
q national prohibition act; Th
the Senate, on November 10, 1919, r
fused to ratify the treaty of peace wi
n Germany that under the provisions
the Lever act, the President resume
E on October 80, 1910, the control OF I
a fuel supply; thet ne Is 81
e operating the railroads, of which co,
r troll had been taken as war measur
d and that on November Is, 1919,
# vetoed Senate bill Gal because it dimil
ished that control; that pursuant
r the act of March 4, 1910, he continu
p TO control by means of the food admi
istration grain corporation the SUPP
!: of grain and wheat -four; that throu
i the United States sugar equalizati
IS board. inc. he still regulates the pri
of sugar, that in his mess message 10 , 20
Recommended the further extension
: six months of the powers of the 70
IS administration that as commander i
Il chief he still keeps a part of the arr
d in enemy occupied territory and a
Is other part in Siberia and that he j
re declaring the determins ton Of demol
iization for which this act pr
yides.
Cannot Pass Upon Motives
4 "No principle Of gour constitution
~ law ir more firmly established III
I, that this Court may not, in pass
- unon the VALIDITY OF a statute, inauil