The American issue. [volume] (Westerville, Ohio) 1912-19??, 1919-12-19

six months of the powers of the food
administration; that as commander
in-chief he still keeps part of the
army in enemy occupied territory and
another part in Siberia; and that he
has refrained from issuing the proc
lamation declaring the termination of
rehabilitation for which this act pro-
vides.
Must Not Inquire Into Motive
No principle of our constitutional
law is more firmly established than
that this court may not, in passing
upon the validity of statute, inquire
into the motives of Congress. Nor
may the court inquire into the wis
dom OF the legislation. Nor may it
pass upon the necessity for the exer-
else of power possessed, since the
possible abuse of power is not an
argument against its existence.
Conceding, for the purposes of the
present case, that the question of the
continued validity OF the war Prohi-
bition act under the changed circum-
stances depends upon whether it ap-
pears that there is no longer any me-
cessity for the Prohibition of the sale
OF distilled spirits for beverage pur-
poses, it remains to be said that on
obvious grounds every reasonable in
tendment must be made in favor of
its continuing validity, the prescribed
period of limitation not having ar
rived; that to Congress in the exercise
OF its powers not least the war power
upon which the very life of the nation
depends, wide latitude of discretion
must be accorded; and that it would
require clear case to justify court
in declaring that such an act, passed
for such a purpose, had ceased to have
force because the power OF Congress
no longer continued.
Holds Act is Valid
In view of facts of public know1-
edge, some of which have been re-
ferred to we are unable to
conclude that the act has ceased to
be valid.
Was the act repealed by the adop-
ton of the Eighteenth Amendment?
By the express terms of the amend
ment the Prohibition thereby imposed
becomes effective after one year from
its ratification. Ratification was pro-
claimed on Jan. %, 1919 The con-
tention is that, as the amendment be-
came on its adoption an integral part
Of the Constitution, its implications
are as binding as its language; that in
postponing the effective date OF the
Prohibition the amendment implicitly
guaranteed to manufactures and deal
ers in Intoxicating liquors year of
grace; and that not only was Congress
prohibited thereby from enacting new
prohibitory legislation, but also that
the then existing restriction imposed
by the wartime Prohibition act was
removed.
The Eighteenth Amendment with
its implication, if any, is binding not
only i'll times of peace, but in war.
Furthermore, the amendment
is binding alike upon the United
States and the individual states. If it
guarantees year of immunity from
interference Of the federal government
with the liquor traffic, it is
difficult to see why the guaranty does
not extend also to immunity from in
preference by the individual states,
with like results also as to then exist
ing state legislation. The contention
is clearly unsound.
When Does War End?
Did the prohibition imposed by the
act expire by limitation before the
commencement of these suits?
1t is contended both that the war has
been concluded and that the demobili-
cation has terminated.
In the absence of specific provisions
to the contrary the period of war has
been held to extend to the ratification
of the treaty of peace or the procla-
nation of peace. From the fact that
other statutes concerning war activi-
ties contain each specific provision
for determining when it shall cease to
be operative, and from the alleged alb
sences of such a provision here, it is
argued that the term conclusions of
the war" should not be given its or
binary legal meaning; that instead it
should be construed as the time when
actual hostilities ceased, or when the
treaty of peace was signed at Yer
sailles, on June %, 1919, by the Amer
lean and German representatives or,
more generally, when the actual war
emergencies ceased by reason of our
complete victory and the disarmament
of the enemy, coupled with the demo-
bilization of our army and the closing