The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1919-12-15

COURT GIVES
ITS RULING
Highest Court Says Wartime
Prohibition Is Con-
Stituti0naI.
INTERNATIONAL NEWS SERVICE


WASHINGTON. Dec 1s--The i-adn
States supreme court today held u
wartime prohibition law constitution
The supreme court reversed the dec
sion of the district court of KentucL
permitting the removal of whiskey fro.
bond for beverage purposes. The d.
ciston Of the New York court ceciar.,.
the law constitutional was affirmed.
The supreme court HANDED down i.
decision in the AIS per cent beer case.
VALIDITY NOT CHANGED.
The court ruled that the wartime aci
vas valid In its inception and that it
salidity h.s not been changed BY any
change Of national condition
The decision in the case vas mad
on supreme court docket so2. aflrninr
lower court decision in the case know
ts ~Aiphonse Dryfuss. Eugene Blum,
Eugene Basche of New York. ver-u.
William H. Edwards. collector of inter
nal revenue
TRIED TO WITHDRAW wHIsKEY.
The case involved the right Of Drvr,lSs
To Withdraw distilled spirits from bond
ID warehouses for beverage purposes
rel- OF Whiskey by Offering cash which
vas refused by the internal revenue
collector
The case was brought In the district
court in New York To declare uncon.ti-
tutional the war prohibition act and 70
enj"in the United States from acting
under the authority of the act.
DISTRICT COURT HOSTILE.
The disTtet court denied the motion
for preliminary injunction. The arl-,i-
frent of the attorneys Tor ghe liquor in
terests advanced the theory that III.
wartime prohibition act had been COM
pletely shorn Of its constitutionality by
the indisputahle change In conditions
and circumstances since the time Of lis
enactment. No question was raised as
Ia the validity Of the war prohibition
act in its Inception. but as to its present
constftutfonaIity.
WAS SUIT IN EQUITY.
The Kentucky decision which was
cVerruIei was that Of Edward Elwooa
Hamilton. collector of internal revenue
for the collection district of Kentucky.
versus Kentucky diStilleri.s and ware
house company. Levy Mayer. wiIIi.m
Marshall BulIitt attorneys
The appeal hrou ght to the supreme
t1AtA lEth AtF uiStfitI court OF the
Infred states for the Western district
of Kentucky by the government
This is n suit in equity to entoin the
collector Of internal revenue from re-
fusinE To accept the tax on quantity
af whisiey and to permit its removal
from bond for beverage purposes.
motion to dismiss having been over
ruled. n final decree vas rends red grant,
ing the Injunction.
The question involved is The consesr~-
tsonality Of the act and the enforcement
# the Nolstead law. The distiIlcris-
cantended the act operated to take mi
vate pr,-aerty for public use without
just compensation In oontravention az
the NTH amendment to the constitution
and that the act has terminated ana
ce=s sesl To he of legal effect
The decision Of the court was unani-
nous.
Justice BrandeiS. in reading the deei-
sion Of the court, dwelt At considerable
length to the proclamation OF peace
The court holds in it's. decision that d.
spite the fact that the president has
stated in speeches that the war is at an
End and despite his veto of the VoIstead
set and despite ali other indication. that
the war is in reality over. the law must
remain effective until peace is pro-
claimed.