Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-07
VALIDITY OF PRO
EMF ORCEMENT ACT
ATTACKED BY ROOT
Its Enactment Was Under
False PretenSeSi Quotes
Wilson to Prove That the
War Is Over,

New York, Nov. 6,-Elihu Root
argued against the constitutionality Of
the prohibition enforcement act in
the United States district court today,
saying that its passage was under
false pretenses and beyond the power
of congress-
He was associated with William ID.
Guthrie, in the suit OF Jacob Rupert,
who seeks an injunction against the
local United States attorney in order
that sale of 2.75 per cent beer may
be resumed. Two other suits involV-
ing the constitutionality of the act
We're also argued and Judge Hand
took all under adyisement.
ION October 27 the sale of this beer
was legal" said Mr.. Root. ION Oc-
tober % its sale was not lawful. on
october rs (the date of enforcement
of the Volstead act by overriding OF
the presidents veto) congress had no
constitutional authority to pronibit
the manufacture and sale of the kind
of beer made by the RUPERT COM
pany."
Mr.. Root argued that in passing the
bill congress was not exercising its
constitutional power to raise and sup
armies.
THE president has told congress
that the armies had been demobiliz-
ed" he said
"He had said over and over again
that the actual war had ended and
that it was no longer necessary to
raise and support an army. He said
that when the armistice was signed.
Now the armistice has been executed
The enemy has laid down its arms.
1t has surrendered its navy and sunk |
1t, disbanded its army, given up its
munitions. There are no countries |
in the world which are so certain not
to wage war during our lives as Ger |
many and Austria. The terms OF |
peace have been communicated to |
them and accepted. These terms are
not being discussed now by u.s. We
are only discussing certain covenants
among the parties on one side,
Bill Not u War Necessity.
This bill was not signed In rela-
ton to carrying on the war. There |
isn't man. woman or child in the |
United States that doesn't know 1t. |
The bill was passed under false pre-
lenses
The prohibition amendment, pass |
ed during the war. provided one year |
for the liquor business to adjust itself, |
Now after the real war has passed, |
when no enemy threatens, congress
passes law taking away from the
people the year of grace that in time |
Of greatest exigency the will of the
people decreed. This imposes a
greater duty upon the courts to,
scrutinize the substance of this legis-
ation and determine whether it was
honest and sincere"
Mr., Guthrie argued that In vetoing
the Volstead act and again in his
Thanksgiving proclamation President
Wilson had in effect proclaimed that
iemoblization had taken place.
Clearly" said Mr.. Guthrie, "he is
congress that certain condi-
ions so far as conclusion of the war
s concerned. have been accomplished
That is a proclamation by the presi-
lent of the fact The president can
proclaim a fact in any way he sees
It,"
Judge Hand remarked that this was
1ot the proclamation intended by the
original wartime prohibition act.
This country Is still legally at war
With Germany" said Assistant Attor-
ley General William Frierson The
present period, he said was analogous
o the year Immediately following the
ivil war. While history said that in !
fleet the war ended in April. 1854,
With Lees surrender the courts had
leld that from legal standpoint it
lad not ended until the presidents
in August, 1866, that
he insurrection had been put down.