The Washington times., 1919-12-16
SAYS BOOZE DECISION
WORKS REVOLUTION

Usurpation OF power by the Execu-
tive, foreseen by the Supreme Court
fifty-three years ago, and IN Abroga-
tion Of the Fifth amendment. cover
ing conf1scation Of property without
process, are seen by DR.. Hannis Tay-
lor, former minister to Spain and
author Of "The Origin and Growth Of
the American Constitution" in the
decision of the Supreme Court yester-
day upholding the wartime dry act
The decision works a revolution In
our system OF constitutional law"
said DR.. Taylor today, because It
holds in substance that the due proc
ess of law guaranteed by the Fifth
amendment is abolished during the
existence Of the war. and as long
thereafter as Presidential caprice may
withhold formal declaration that the
state of war has ended: that during
such period private property may be
confiscated without redress by Con-
gressional legislation.
81 say that such a judgment works
revolution, because it reverses and
wipes out the Numerically opposite
conclusion announced by the Su-
preme Court in the great case OF ex
parte Milligan, Wall. 2. In both
cases the court was called upon to
expound the Fifth Amendment, which
declares that
"'No person shall be held to answer
for a capital or otherwise infamous
crime unless on a presentmept or In
dtctment of grand jury, except in
cases arising in land or naval forces,
or In the militia when in actual serv
Ice in time of war or public danger,
nor shall any person be subject for
the same offense to be twice put in
jeopardy of life or limb; nor shall be
compelled in any criminal case to be
a witness against himself, nor be de-
prived of life, liberty or property
without due process of law; nor snall
private property be taken for public
use without just compensation
when in the Milligan case the Su-
preme Court was called upon to say
whether or not state of war sus-
pended any of the guarantees of civil
hperty contained in the fifth amend
ment, 1t answered in the thunder
tones OF Justice David Davis: The
Constitution of the United States is a
law for rulers and people. equally in
war and in peace, and covers with the
shield of it's protection all classes of
men at all times and under all cir
cumStances
No doctrine involving moro per-
nlcious consequences was ever in
vented by the wit OF man than that
any Of its provisions can be suspend
ed during any of the great exigencies
of government. Such doctrine leads
directly to anarchy or despotism.
This nation, as experience has
proved, cannot always remain at
peace, and has no right to expect
that it will always have wise and
humane rulers sincerely attached to
the principles of the Constitution.
Wicked men, ambitious Of power, with
hatred of liberty and contempt of
law, may Ali the place once occupied
by Washington and Lincoln; and II
this right is conceded, and the cal
amities OF war again befal us, the
dangers to human liberty are fright
full to contemplate
THAT is the essence OF the decision
In the great case of Ex-parte Mill
gan, which the Supreme Court revers-
ed and disreg arded in the momentous
Judgment rendered yesterday. Such
a complete break with the past, such
an overturning of all preconceived
conceptions of due process of law
must inevitably mark an epoch in our
constitutional history 1t may involve
dangers to human liberty frightful
to contemplate