South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-06-18
DRY LAW BEYOND
CONGRESS POWER
DECLARES ROOT
Attorney for u. S. Questions
Right of Court to Keep
Officials Inactive.

NEW YORK, June IS. - Elihu
Root declared congress exceeded
its powers in enacting the war time
prohibition law and that the collect
or internal revenue holds the brew
ers of the United States in the hol-
low of his hand" in the course of his
argument in the United States cir
cult court of appeals here Tuesday
against the governments appeal TO
set aside the temporary injunction
restraining L. s. Dist. Atty. Caffey
and Acting Collector of Internal
Revenue McElligott from %prosecut-
ing brewers or interfering with their
production of 2.T5 percent beer.
There are two clouds that hang
over this action" said Mr.. Root.
One is the penalty prescribed under
the act OF Mob. y, 1918, which will
break up and put an end to the
brewery business and the other the
complication arising from the insub-
ordination OF the brewery business
TO the internal revenue law.
The brewers he went on. are
bound hand and foot under the law
even though they are engaged in the
manufacture Of 2.75 percent beer.
They're not alone subject TO prose-
cution under the war time measures
but 10 concerted prosecution under
the internal revenue law"
Threatens Destruction.
Mr.. Root, as counsel for the Unit
ed States Brewers association. which
is backing the test case made by the
Jacob Hoffman Brewing Co. of New
York. declared that "a business
heretofore considered lawful, and
protected by the laws of the state
and the United States. is threatened
with destruction. Hundreds OF mil
lions Of dollars worth Of property is
involved, continued Mr.. Root, and
If the law is enforced as threatened
by the United States attorney gener-
al. i~rreparable injury will be done
before the possibility of a final hear
ing in the courts"
The former senator said there was
no occasion for enforcement Of the
act at this time. as no public interest
was endangered by allowing the in
junction to remain in force. Refer
ring 20 Pres't Wilson's recommended
ton on May 20 TO lift the ban on the
manufacture and sale malt and
vinous liquors, he said:
The recommendation did not
specify distilled liquors. but the
president Of the United states a,
! commandments Of the armies OF
the United states and the person
charged chiefly with the conduct OF
the war, stated tina Rehabilitation
had so far progressed that he re-
garded IL safe TO u the manu-
facture and sale Of wine and beer
Want Constitutional Mandate.
Mr.. Root said the complainant
did not challenge the right Of con
gress 10 call for the sacrifice Of any
and all right in defense o f the nation
but said their business could not be
sacrificed without compensation un-
less necessary and proper" with
out the mandate and guaranty OF
the constitution.
Asst. Atty. Gen. Fits. who fol
lowed Mr.. Root, denied the right OF
the federal distict court 10 enjoiu
the United States attorney from en-
forcing the criminal statutes Of the
United States.
a great deal has been said here
Of the enormous size Of the brewing
industry and the hundreds OF mil
lions Of collars involved" said ne
rs hat any golden calf 10 fall down
before and worship The question
IS. can any ligitigants come into a
United States court OF equity a day in
advance. processing with and with
] learned counsel. and say: There IS
a criminal law I desire 10 offend