Milford chronicle., 1919-12-19
WARTIME DRY ACT IS
Held VALID BY COURT
nDDrME COURT DEALS DEATHBLOW TO
''' HOPE HOPES FOR WET HOLIDAY AND
CHANCE TO STOCK UP.
law IS BINDING ON STATES
ocUNc Of The ARMISTICE HELD NOT
"'A To ABROGATE WAR POWERS OF
CONGRESS.

u,,sbington. D. c., Dec. 15.-By
nin,ous decision, cOnstitutionality
ul'I' .he Wartime Prohibition Act was
o. lined .n today by the Supreme Court.
Tbe opinion, given by Associate JUS
100 T.ouis Bradeis, held in effect, now
~. ~ tbat the war-invoked DRY" per-
Ga stil may be terminated by Pres
igortiaI go proclamation of demobiliza-
ton. - ni,ion tho Court
,;s NOT act upon the validity OF the
Tolstead prohibition enforcement act
~ IN appeals involving the alcoholic
oontent of beer, leaving these cases
- nture opinions, which may be hand
od down next Monday before the Court
rscesses for the Christmas holidays.
Today's decision practically swept
auav all hopes of a wet" Christmas,
as the possibilities of the wartime act
being repealed before constitutional
nrobjbition becomes effective one
month from tomorrow were considered
remote
The cases decided were those of the
Kentucky Distilleries and Warehouse
Company of Louisville, and Dryfoos
BIum & Co., of New York, instituted
for the purpose of compelling the gov
ernment to release whiskey from bond.
Tn both cases the Court denied con-
tentions of Elihu Root and other attor-
news for the distillers that the act in
violation of the Constitution takes pri-
vate property without just compensa-
ton. that the period of war emergen-
cv for which the act was passed had
terminated; that the law was an in
reference with the State police pow
ers and an undue exercise of the war
powers of Congress.
President Can Save Vets
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 rehabilitation 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 be operative should be /
fixed by the Presidents ascertaining !
and proclaiming the date when demo-
Dilization had terminated"
Had the president on October 2S last, |
when he vetoed the Volstead Act, be-
ieved that rehabilitation had termin-
lted. the court said, che would doubt /
ess have issued then a proclamation
@ that effect, for he had manifested |
strong conviction that restriction /
lpon the sale of liquor should end.
only by such proclamation could
he purpose of Congress be attained,
nd the serious consequences attend
ng uncertainty be Obviated.'
Act Not SCOnfiscatOry
I'm view of facts of public knowl-
dge.". the opinion read, some OF
,hich have been referred to, that the
reaty of peace had not yet been con-
luded, that the railways are still un-
er national control by virtue OF the
ar powers, that other war activities
ave not been brought to close, and
nat it cannot even be said that the
ian power of the nation has been re-
.ored to a peace footing, we are un-
BILE to conclude that the act has ceas-
/ to be valid"
The wartime act, the Court also held,
not confiscat0ry, asserting that
ore than nine months were given dis
llers to dispose Of their stocks,
hich time the Court believed to be /
ieuuate. The act also was not re-
saled, the Court held, by constitution
amendment, which, it asserted, is
nding not only in peace, but also in
ar times.
was made tonight J
at the House Agricultural Commit
e will meet tomorrow to vote on the |
otion to table the bill of Represen-
tive Gallivan, Democrat, Of Masss- !
lusetts, which would repeal the war
me act.
Internal revenue onicials explained s
night that the Courts decision would !
It affect the bureaus plans for en- g
rcing national prohibition in the
asst as all preparations had been
ade upon the assumption that the '
It was constitutional. {
Associate Justice Bradeis held that I
e prohibition amendment was bind I
: oa The States as well as the Fed g
al Government.
Beer Decision Later
The Court will render opinions ..
yain next Monday, at which time the
GER cases are expected to be decided, :
ter which the Court will recess un-
January 5.
Upon the Courts decision on the ;
Enforcement law will de- {
md whether the Federal Government
IS at hand any legal means of max :
g the amendment effective. The !
,nstitutionality of wartime prohibi-
On, however, the drys are confident, +
i'll keep the country dry until the =
nendment is carried into effect by +
" of its own. :
SMALL WHEAT CROP FOR 1920 \