Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1919-11-07
"Wet" Attorney
Admits Country
Is Now "Desert"
IRenublican A. p. Leased Wirel


NEW YORK. Nov. 6-Elihu Root
argued against the constitutionality of
the prohibition enforcement act in the
United States district court today, say
ing that its passage was under false
pretenses and beyond the power Of
congress.
He was associated with William D.
Guthrie, In the suit of Jacob Rupert,
who seeks an injunction against the
local United States attorney In order
that sale Of 2.75 per cent beer may be
resumed. Two other suits involving
the constitutionality OF the act were
also argued and Judge Hand took all
under advisement.
"On October 27 the sale of this beer
was legal" said Nr. Root ''On Octo-
ber 20 its sale was not lawful. On
October 2S (the date OF enforcement of
the Volstead act by overriding of the
presidents veto), congress had no
constitutional authority to prohibit the
manufacture and sale of the kind of
beer made by the Rupert company"
Mr.. Root argued that in passing the
bill congress was not exercising its
constitutional power to raise and sup
port armies
THE president has told congress that
said.
"He had said over and over again
that the actual war had ended and
that it was no longer necessary to
raise and support an army. He said
that when the armistice was signed.
Now the armistice has been executed.
The enemy has laid down its arms.
1t has surrendered its navy and sunk
| IL, disbanded it's army, given up its
munitions. There are no countries
in the world which are so certain not
to wage war during our lives as Ger
many and Austria. The terms of peace
have been communicated to them and
accepted. These terms are not being
discussed now by us. We are only
discussing certain covenants among
the parties on one side.
This bill was not signed in rela-
| ton to carrying on the war. There
isn't a man, woman or child in the
| United States that doesn't know it
| The bill was passed under false pre-
! lenses.
THE prohibition amendment, passed
during the war, provided one year fol
the liquor business to adjust itself
Now after the real war has passed
when no enemy threatens, congress
passes a law taking away from the
people the year of grace that in time
of greatest exigency the will of the
people decreed. This imposes a greater
duty upon the courts to scrutinize tht
substance of this legislation and de.
termine whether 1t was honest anC
sincere"
Mr.. Guthrie argued that in vetoins
the Nolstead act and again in hi,
Thanksgiving proclamation Presiden
Wilson had in effect proclaimed tha
rehabilitation had taken place.
Clearly" said Mr.. Guthrie. "he il
advising congress that certain condi
tons so far conclusive of the war Il
concerned. have been accomplished
That is a proclamation by the presi
dent of that fact The president cal
proclaim fact in any way he see
fit
Judge Hand remarked, that this wa
not the proclamation intended by tn
original war time prohibition act.
This country is still legally at wa
with Germany" said Assistant Attor
ney General William Frierson. TIL
present period, he said, was analagou
to the year Immediately following tn
civil war. While history said that il
effect the war ended in April, 1856;
with Lees surrender, the courts ha.
held that from a legal standpoint
had not ended until the president
proclamation in August. 1856, that tn
insurrection had been put down