Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1919-11-21
DRY ACT IS CALLED
VOID BY 2 COURTS
Held volstead Measure Conflicts
With the 18th Amendment.
SELL BEER IN PROVIDENCE
Rhode Island and Kentucky Decisions
Victory for the Vets and a Blow
to Dry Nation-Law Ruled
Invalid.

W lOs-AIIOT0GVS
Tor dlstilling interests won another
round In the fight on wartime prohibi-
tlon In federal district court here.
Judge Evans, in case brought BY
Louisville distillers, announced from
the bench his belief that the law is I'M
constitutional AT the conclusion of
the pleas of attorneys he said he would
issue an injunction restraining govern
ment interference with the sale of the
dlstillers' tax-pai6 whisky. Whether
the injunction would be temporary or
permanent the court said, rested with
Attorney General Palmer.
Victory in Rhode island.
Providence, r. l., Nov. 13.-Judge
Arthur L. Brown Of the federal dis
trlct court issued a temporary injunc-
ton against Harvey A. Baker, United
States attorney, and George f. Shaun
essy, collector of internal revenue, re-
straining them from enforcing the
provisions Of the wartime prohibition
act. The injunction was issued upon
the petition of the Narragansett
Brewing company. The sale of 4 per
cent beer was Immediately resumed
by providence liquor dealers.
The opinion is the first construction
OF the Volstead prohibition enforce
ment) act handed down by any court
in the country. While nominally it
restraints the federal officials in this
jurisdiction from enforcing title / of
that act against the Narragansett
Brewing company, it virtually states
the belief of the court that the entire
wartime prohibition act is unconstitu-
tional and cannot be enforced.
Opinion Of Court.
1.-THE eighteenth amendment became
a part of the Constitution Immediately
upon it's ratification" the opinion re-
cites. 1T then fixed the time at which
the powers of the states over subject
heretofore always under their control
should cease; at which the government
Of the United States the government
of the state, and municipalities should
be deprived of sources of revenue from
which millions had been derived; at
which great industries, employing
thousands Of men, should cease, and at
which the value of enormous proper
ties, for the uses for which they were
designed, should be finally destroyed !;
and at which there should be enforced
a radical change in personal habits.
1T is inconceivable that this would
have been done without the provision
for period during which the loss
might be to some extent provided for
and lessened.
1.-THE amendment provided for not
only what should be done after Janu-
airy, 1920, but by the words after one
year. gave express evidence Of con-
sideration and determination Of the.
necessity of affording to the states and
citizens, and to the departments of
the federal government as well, a
period of REIMBURSEMENT of their Affairs
to the new conditions that would re-
suit from a transfer of powers from
the states to the federal government.
There can be no question that the
present legislation, If valid, destroys
rights of states and citizens which, but
for that legislation, they might enjoy,
and which were respected and recog-
nized in the adoption of the amend
ment.