Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-03-21
REVIEW OF
BOOZE BAN
BY COURTS
is SOUGHT
Distillers' Counsel to Attack
Constitutiona|ity Of Both I
Federal Amendment and 81
Wartime Act. Il

ANSW oihs MoiSH ~. hC SVAA-A n
mittee of distillers OF the United|
States, representing the entire dis-
tilling industry, announced tonight
that steps were being taken to at.
tack the constitutionality of the fed.
eral prohibition amendment and the
wartime prohibition act.
Levy Mayer of Chicago, counsel
for the organization, was instructed
to arrange for a suit to test the
emergency prohibition law after theg
treaty of peace has been signed. Ac-a
ton to bring about judicial review
of the 18th amendment, it was
stated, would await the outcome OH
referendum elections in Is states
where petitions calling for popular3
vote on the bone dry" enactmentM
have been filed or are in circulatiorl.
People to Decide Question.
Mr.. Mayer advised the committed
that in states having referendun1
laws and whose legislatures have
ratified the amendment, the ratifica-
ton would have no effect unless =
majority of the votes cast in thc
elections favored the amendment.
The attorney also gave an oplnion
that if the wartime prohibition isl
unconstitutional manufacture of dis
titled spirits, forbidden by the presi-
dent under the food nservationlI
laws, could be lawfully resumed as
soon as the war is ended.
In their discussion of measures toN
nullify the federal amendment, the
distillers named California. Wash-H
ington, Oregon, Nevada. Idaho, NewH
Mexico, Michigan, Ohio, Missouri,
Maine and Nebraska as states whercH
referendum petitions have been cir-
culated.
AS as state legislatures ratified the
amendment, nine more than the
necessary three-fourts, the distillers'
announced plan of action could mott
be carried out # the people of more
than four states approved the deci-
sions of their legislative bodies.
Attack Wartime Act.
The distillers' attack on the ware
time prohibition act follows the
lines laid down by counsel for the
brewers in their suits. filed here yes-H
terday, alleging that the law, havingI
been enacted after the signing of the
armistice, went beyond the power of 4
congress to adopt measures for the
national security and defense.
Members of the distillers' comal
mittee declared the decision to withs|
hold their litigation until the com-
pletion of peace negotiations wasIl
based on a desire to proceed onlyI|
after the war emergency was for-l|
mally declared a matter of history.l|
1t was said the suit would bel
brought against the collector of in-I
ternal revenue and the federal dislB
trict attorney "in some appropriate
district" ...E
While no distilled beverages havat
been manufactured since July III
1917, under the food conservation
regulations, no ban has been placed[
on marketing of stocks except thatT
in the wartime prohibition actsI
which forbids sales and all With
drawals from bond except for ex-f
port purposes, after June 30, next.l
until the rehabilitation of the ward
time military forces.
The distillers' committee, withI
George F. Dieterle of Cincinnati asI
secretary, has been in conference fori
the past two days with members
present from all sections of thel|
country.
Refuses to Accept Petition. 81
Olympia, Wash, March 20.-Atss
tempt today by John F. Murphy Of
Seattle to file petition for a refer-I
endum at the next general elections
on the action of the recent legisla<I
ture in ratifying the national pro.H
hlbitlon amendment met with re@H
fusal by the assistant secretary oil
state to accept the petition. Court
action to force acceptance of thai
petition will follow, it was said.
Fight Started in Missouri.
St. Louis, March 20.-The fiaheI
Of Missouri anti-prohibitionists t0I
have the recent action of the Miss
souri, legislature in ratifying the nass 4
tlonal prohibition amendment abroal
gated was started tonight at mase \
meeting in the city hall with the dis.I
tribution of petitions to have thai
matter put to referendum vote.
Missouri lawmakers who ratified
the amendment were denounced by
speakers as "betrayers" of the public
trust and as robbers OF the peoples |
liberties"
Hoco hroinc& Dull Ed;1on lAI:ll