The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-21
Argument on Prohibition
Enforcement Act Closed

Washington, Nov. 21.--(A. P.)--Argu-
ments on the constitutionality of the
war time prohibition and the Volstead
enforcement acts were concluded to-
day in the supreme court. There was
no indication when a decision would
be rendered, but because of the im-
portance of the question, court officials
said they would not he surprised to
see the cases decided on Dec. s, when
the court reconvenes after two weeks
recess.
In resuming his argument today be-
fore the court, Elhu Root, appearing
for Jacob Rupert. New York brewer,
again attacked both acts as a violation
of the federal constitution and an usur-
patton of power by congress. Mr. Root
was followed by William d. Guthrie. of
New York. also appearing in the Rup-
pert case
Replying to government arguments
relative to congress- intent in passing
the war time prohibition act, Mr. Root
quoted a statement made in the senate
by Senator Sheppard, of Texas, prohi-
bition leader. to the effect that the act
was designed TO remain I'm effect only
during hostilities and pending demob-
ilization.
The court cannot close its eyes to the
facts made known to all the world by
the highest evidence in that matter"
said Mr. Root, 'and not determine
whether by those facts congress has
the constitutional right to override the
rights of the states given by the Tenth
amendment
BY permitting the liquor interests one
year to dispose of the stocks and ad-
Just their affairs. Mr.. Root said, the
Eighteenth constitutional amendment
came very near being n contract y
This "year of grace he aded. WAS
allowed by congress and the states even
f,,gY md
demands for the highest exercise Oh
power was at its height.
Defends Liquor interests.
But when this war is over this Vol
stead act takes away this time OF
grace" said Mr.. Root. adding that even
during this specified period the liquor
interests have been heckled and har-
ried by statutes for the real motive OF
advancing prohibition for few months
before the constitutional amendment
was to take effect" God grant" he
concluded. that. the constitution may
remain effective for the imposition OF
limits on that official power which II
not limited by the courts of the coun-
try viii destroy liberty as effectively as
German autoCracy has done?'
"T'he fact remains" Assistant Attor-
ney- General Frierson said. following
Mr. Root. that we are legally in a
state Of war and the solemn duty rests
congress ~ kFFD Nl' 'OhllAlF y ~
pnred 10 meet any complication that
may arise before the conclusion OF
peace ,,,
"Hnve we any troons abroad now?'
asked chief Justice White
Yes"
Why Troops Abroad.
"T}y what authority" asked the chief
justice.
because the war has not yet been
ended" sold Mr. Frcrson.
Replying to an inquiry by Justice
Day. MIR Friersou said the exchange
of the ratification OF peace was the test
for the ending of the war,
"If that is the test. why Is II In some
acts and not In othcrs?" asked Justice
| Day.
MIR. Frierson conceded II was omitted
in the prohibition act.
Your contention then Is lhat hy in
tent II was read into that act9" the
Justice again asked. to which Mr.. Frier-
son agreed