Evening star., 1919-11-13
Judge Evans Again Declares
DRY Law Unconstitutional

LOUISVILLE, KY, November 13.-
Judge Walter Evans, in federal dis
tr5ct court today, in effect for the sec
onla time held wartime prohibition
Unconstitutional. sustained an attack
/. upon the constitutionality of the Vol
stead enforcement act and granted an
injunction restraining Elwood Hamil-
ton, collector of internal revenue for
KHntucky, and District Attorney w.
veGregory from interfering with the
sx5e by two Louisville distillers OF
/. their floor stock" Of tax-paid whisky.
The government Immediately took
an appeal to the United States circuit
court at Cincinnati and announced it's
infention Of asking the higher court
for a writ of supersedeas, which would
have the effect of staying the injunc-
tinn.
I'm the interval. the way was open.
it-was said, for Wright & Taylor and
Bruwn &Forman. plaintiffs in the ac-
tf0n, to dispose of their floor stocks
ofwhisky without interference by the
federal authorities in Kentucky. They
ware quoted as having said, however,
tlxey were undecided on the course to
pursue in view of the fact that con-
stttutionality of wartime prohibition
had not yet been decided by the Su-
preme court Of the United States.
The war prohibition and prohibition
enforcement acts were attacked again
in Judge Walter Evans federal court
hre Yesterday: the second day of ar
guments in q suit to test their consti-
nationality. The suit was brought by
W. MARSHALL Bullitt. Louisville, on be-
half of the Wright & Taylor and the
Brown-Forman distilling companies of
this city and seeks to prevent govern
msnt interference with sale of nearly
& million gallons Of tax-paid whisky
H.xxt vSA nj
Judge Evans had declared from the
bench that he was firmly of the opfn-
ion' that wartime prohibition is un-
constitutional and indicated a DISPOSE
ton to grant an injunction restrain
ing the government from interfering
with sale of the whisky known as
floor stock owned by the companies.
In a similar suit recently Judge
Evans declared the war prohibition
act unconstitutional and granted an
Injunction to the Kentucky Distil-
1eries and Warehouse Company. for
bidding interference by the govern
ment with sale of approximately 69.
O00.000 gallons Of whisky owned by
the e-plaintiff. This case was appealed
to the United States Supreme Cocrt
hearing will be had on it some time
next week. probably November 20.
Granting of an injunction in the
present suit would permit sale of tax
: paid whisky by the two companies
However, according to announcement
by District Attorney Gregory. IF the
Supreme Court reverses Judge Evans
decision on the suit, appealed to 1t by
the government. then, in my opinion
all persons who sell distilled spirits
between now and the time of rendi-
tfon of the opinion by the Supreme
Court would be liable to prosecution
Whether the injunction issued today
should be temporary or permanent hat
been left with Attorney General Palm
er, whose office today wired that q
temporary writ would best serve the
purposes Of the government. He also
Instructed the district attorney, il
was announced, to apply for wri
of supersedeas to stay operation O.
the temporary injunction. which Judge
Evans refused. In this emergency tn,
district attorney appealed the cas'
to the higher court.