Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-12-16
HOPE FOR LIFTING
Of BAN ON BOOZE !
BI ASTED BY COURT
Bran = Is Down Opinion,
Conchrftee' ~ 2 eoRy Whole
Bench Sds, tx, - s,,s,ohibi- >,
ton.


Washington. Dec l5,-By unani-
nous decision, consttutionahy Of the
war time prohibition act was sustained
today 10y the supreme court The opin-
ion given by Associate Justice Bran
deis, held in effect. that the war-in-
voked dry period still may be ter
minated by presidential proclamation
of demobilization.
In rendering IL opinion the court,
however did not act upon the validity
OF the Volstead prohibition enforce
ment act or on appeals involving the
ale oholic content of beer, leaving those
cases to future opinions which may
be handed down next Monday before
court recesses for the Christmas holi-
daNs. Todays decision practically
swert away all hopes of wet
Christmas as the possibilities OF the
war time act being repealed before
constitutional prohibition becomes ef-
fective one month from tomorrow,
were considered remote
The cases decided Were those of the
Kentucky Distilleries and Warehouse
company of Louisville Ky. and Dryf-
tuted for the purpose of compelling
the government TO release whiskey
from bond. In both cases, the court
denied contentons by Eihu Root and
Olnef attorneys IOF tnt ulSllleIS IIldL
the act in violation Of the constitution
takes private property without Just
compensation. that the period OF the
war emergency for which the act was
passed had terminated, that the law
was an interference with the state po-
lice powers and an undue exercise OF
the war powers of congress-
Not Cessation of Hostilities.
Congress did not intend for the war
time act to terminate on the conclu-
sion of the war, but at the end of the
period of demobilization, in the view
of the court, which held that the CON
clusion of the war clearly did not
mean cessation of hostilities,"
Congress. therefore, provided" the
opinion added, that the time when
the act ceased to he operative should
be fixed by the presidents ascertain
ing and proclaiming the date when
rehabilitation had terminated"
Had the president on October 2S
last when he vetoed the Volstead act.
believed that rehabilitation had ter
minated, the court said, "he would
doubtless then have issued then u
proclamation to that effect. for he
had manifested strong conviction
that restrictions upon the sale of liq-
uor should end
"Only by such proclamation could
the purpose of congress be attained,
and the serious consequences attend
ing uncertainty be obviated."
In view of facts Of public knowl-
edge the opinion continued, some
of which have been referred to, that
the treaty of peace had not yet been
concluded, tlIat The railways are stlil
under national coDtrol by virtue OF
the war powers, that other war ae-
tivites have not been brought to u
close, and that 1t cannot even be said
that the man power of the nation has
been restored to a peace footing. we
are unable TO conclude that the act
has ceased to be valid"
Not COnfiScntory.
The war time act, the court also
said, is not confiscatory, asserting that
more than nine months were given dis
tilers to dispose of their stocks. which
time the court believed to be adequate.
The act also was not repealed, the
court held, by the prohibition consti-
tutional amendment which. Il asserted.
is binding not only in peace but also
in war times
Announcement was made tonight
that the house r~~iculture committee
will meet tomorrow, to vote on the
motion to table the bill Of Representa-
tive Gallivan, democrat, of Massachu-
setts which would repeal the war time
act
Internal revenue officials explained
tonight that the courts opinion would
not affect the bureaus plans for en-
forcing national prohibition in the
least. as all preparations had been
made on the assumption that the act
was constitutional.