New-York tribune., 1919-11-15
Judge Hand Refuses to
Free Liquor; Dismisses
Applications to Enjoin
4. S. Revenue Collector
Similar Decision
In Maryland Fight
Liquor Men Will Appeal;
u. S. Supreme Court to
Hold Hearing Thursday

With hundreds Of liquor dealers
IN New York instructed quietly to
hold themselves in readiness for an
Immediate resumption of the sale of
beer and intoxicants containing pre-
war percentages Of alcohol, Federal
Judge Learned Hand handed down
Il decision yesterday upholding the
Nolstead prohibition enforcement
law and refusing to enjoin the gov
er-ment from applying it. The
LIQUOR men announced the fight
gould be carried to the United
states Supreme Court, where sew
eral similar cases are pending.
Later in the afternoon the "wets'
II Baltimore also suffered an unex-
Dected setback when Federal Judge
John G. Rose, OF that city, dismissed
he application made by the Mary
and Distilling Company for an in
junction to restrain Joshua w.
Niles, Collector of Internal Revenue,
rom interfering with the release of
.s-rge quantities of whisky held in
bond.
bond. Judge Rose handed down his
decision from the bench here.
Goth decisions were in direct oppo-
'tlon to two others recently handed
Town by Federal judges in Louisville
Ky, and Providence. R. l. These
sarher findings gave rise to the belief
smong saloon and cafe proprietors of
Ncw York that the sale of beverages
prohibited by the wartime measure
'f-s 10 be resumed at once
Malt Advances on Market
Taking It for granted that Judge
land would follow the rulings in
Louisville and Providence, several
oreweries notified the retailers that
they were prepared TO make deliveries
the moment the decision was an
nounced. On the strength Of this
optimism malt advanced several points
en- the market and there was dis
-inct undercurrent of elation among
me prcprietors of establishments
where nuuor formerly was to be had
Judge Hands decision came to these
iea crs as a shock but did not lessen
their determination, they said. to carry
on the fight. Emory 4. Buckner, Of
counsel for the "wets," ammo unced
mat the appeal would be taken at once.
snd that application would be made
tor priority of cons liberation, so the
case could be disposed of before the
Eighteenth Amendment to the Consti-
-utlon Cthc Federal prohibition meas
Nrc), became effective on January 16,
i92o: william Fl. Hurst. representing
ne New York State rewers' Assoca-
non, also declared that the fight would
20 on as did Secretary Fox of the
Nnited States Brewers Association.
Two Cases Involved
The decision by Judge Hand was
r&sed on his conviction that the war
lowers of Congress were still in force
effective more than a year ago, and
President Wilson had said the "war
iad come to an end" Counsel for
;he liquor interests had argued that
x "the war was over," leaving only
the formality of Il declaration to that
effect. wartime prohibition and the
Nolstead law were unconstitutional
Two cases were involved in yester
days ruling The first was an appli-
cation for an injunction by Dreyfoos,
plum e. Co., wholesale liquor deal
ers. Of ~ West Broadway, to restrain
Collector OF Internal Revenue Ed
yards from interfering with the re
case Of 474 packages" of distilled
liquor, including fifty barrels If
whisky and twelve barrels of brandy.
Inc injunction was asked on the
ground that the liquor dealers were
tegally entitled to years time N
which to dispose of their stocks before
7rohibition went into effect, and that
the Nolstead measure was, therefore,
an mfr cement of .hs wght.
Rupert Application Denied
The other case involved in Judge
hand's decision was comp 'aint by
Jacob Rupert, Inc, that the wartime
prohibition law was unconstitutional.
IN refusing to uphold either plaintiff,
Judge Hand said. in part:
The wartime prohibition act was
passed on November 21, 1917, ten days
after the acceptance Of the terms i'm
posed by the Allies on the German gov
srnment and when the empire had
allen. The circumstances were then
such as made patent to every one that
successful hostilities could not be re-
suined, and as the President declar red
~ congress few weeks later, the war
uao aao come to an end If, therefore,
me war powers Of Congress were de-
odent upon the prosecution OF fur
ier nostllities in the field, they had
eesasea. However, no one urges that
~. "as the case. Every one agrees
20 some extent, at least, Congress
~ sI .he power to take steps necessary
~ insure the observance Of the terms
s"e sfmi5tice ard to demcbiliza the