The evening world., 1919-11-15
BREWERS APPEAL
ITO HIGHEST COURT
FROM. DRY RULING
Expect Final Verdict Promptly
I After Three Decisions Here
Adverse to "Wets."

Seeking 70 overcome the setback tc
wet hopes yesterday by tho deci-
sions OF Federal Judges Learned
Hand. Knox and Rose. Attorneys
Root Clark. Buclner and Rowland.
counsel for Jacob Rupert, Inc, brew
ers, started an appeal TO the United
States Supreme Court to-day. from
the opiHfpn OF Judge Hand that the
volstead WARTIME rrohibitlon En-
forcemont Act tras constitutional and
ought to be enforced.
Members of the law firm said that
under priority TO be granted because
OF the urgency Of the issue, a decision
by the highest court OF the nation was
hoped for In two weeks.
The local Federal authorities con-
sehted.to the transfAr OF the case to
the suppeme Court, omitting the rou-
tine reference to the Circuit Court Of
Appeals. =
There were twelve grounds for the
appeal as filed. They included as
sertions OF errors by the District
Court in holding the Wartime Pro-
hibltion Act OF Nov. II. 1918, and the
enforcement act OF Oct. IS, mis- year,
constitutional and enforcible;. in
holding that under any existing
legislation prohibition OF non-in-
toxlcatlnE beverages was permiS-
slble; In holding that the President
had not effectually proclaimed the
end OF the war emergency: that the
President had not proclaimed the
rehabilitation of the army; in find
ing that the wartime Prohibition
was not confiscatory; in finding that
neither act violated Amendment X.
OF the Constitution; in finding that
neither act violated Amendment
XVIII OF the Constitution. and in
hnding that present conditions war
wanted an enforcement of war con-
ditlons.
Tho three decisions against
the petitioners for the right to ignore
the volstead Act came in quick sue
cession yesterday afternoon.
Adge Hand dismissed motions
for temporary injunctions restraining
ths Government from enforcing tho
dry law.
The cases at issue were those Of the
Jacob Rupert Brewing Company,
represented by Elihu Root, William
d. Guthrie and william L. Marbury.
and Dryfoos, Blum a Co, Wholesale
liquor dealers OF No. ~ West Broad
way. William c.. Noyes chief counsel.
Judge Knox dismissed the in
junction suits brought by the
Italian Vineyards Company and
ScatenL, Lawson & Perrelli. whose
headquarters are in this city ana
who are, owners Of large vineyards
and wineries In California.
Judge Rose, who came here
from Maryland yesterday, dis
missed the application for an in
junction by the Maryland Distillery
Company against Joshua w. Miles,
Collector OF Internal Revenue Of
Maryland. The injunction asked was
for the purpose of releasing large
quantities OF whiskey now in bond.
Judge Hand also included In his de-
cision q concurrent decision by Judge
Khox. dlsmissing the demurrers asked
by saloon keepers OF this city whose
business had been interrupted by the
raids, Of revenue, agents Immediately
after passage OF the, Volstead Act. +.
The decisions show the conflict Of
judicial opinion and tho muddled
situation throughout the country re-
sulting from 1t. In Rhode Island II
Is legal 10 sell beer, In Louisville,
ny, II Is legal TO sell whlskey. and
In Ohio the people resclnded ratlfica-
tlon OF the 18th Amendment, which
has left the public uncertain where
they stand. ....