Vernon Parish Democrat. (Leesville, La.) 1917-193?, 1919-12-27
WARTIME PRO ACT
Is CONSTITUTIONAL
Supreme Court Decision I'm
animOus- May be Ended
By Decentralization.

Washington, BY unanimous dect
sion the constitutionality of the war
time prohibition act was sustained
Monday by the supreme court. The
opinion given by Associate Justice
Brandies, held in effect, however, that
the war invoked dry period still may
be terminated by presidential procla-
nation of rehabilitation.
In rendering its opinion the court,
however. did not act on the validity
of the volstead prohibition. enforce
ment or on appeals involving the al
coholic content of beer, leaving those
cases to opinions which may be hand
ed down next Monday before the court
recesses for the Christmas holidays.
Mondays decision practically swept
away all hopes of a "wet" Christmas.
as the possibility of the wartime act
beng repealed before constitutional
prohibition becomes effective one
month from now was considered re-
mote.
The cases decided were those of the
Kentucky Distilleries and Warehouse
Company of Louisville, and Dryfoos,
Blum & Co. of New York. instituted
for the purpose of compelling the gov.
eminent to release whiskey from bond.
In both cases the court denied conten-
tons Of Elihu Root and other attor-
neys for the distillers that the act in
violation of the constitution takes pri.
vste property without just compensa-
tion that the period of the war emerg-
ency for which the act was passed had
terminated; that the law was an inter.
ference with the state police powers
ana an undue exercise of the war pow
Crs of congress.
Congress did not intend the wartime
act to terminate at the conclusion of
the war, but at the end of the period
of rehabilitation in the view of the
court, which held that the conclusion
of the war clearly did not mean cea-
sation of hostilities."
Congress therefore provided" the
opinion added, that time when the
act ceased to be operative should be
fixed by the presidents ascertaining
and proclaiming the date when demo
Utilization had terminated"
Had the president, October 2S last,
when he vetoed the Volstead act be-
heved that rehabilitation had termi-
nated' the court said, che would
doubtless have issued then a procla-
nation to that effect, for he had mani
Tested strong conviction that restric-
4ions upon the sale of liquor should
end.
Only by such proclamation should
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; that the railways are still
under national control by virtue of the
war powers; that other activities have
not been brought to a close, and that
it can not be said that the manpower
of the nation has been restored to a
peace footing, we are unable to con-
clude that the act has ceased to be
valid"
The wartime act, the court also
held, is not confiscatory, asserting that
more than nine months were given
distillers to dispose of their stocks,
which time the court believed to be
adequate The act also was not re-
pealed, the court held, by the prohi-
bition constitutional amendment,
which it asserted is binding, not only
in peace, but also in wartimes.