Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-12-18
WARTIME DRY Law
IS CONSTITUTIONAL
So Declared by Unanimous Deci-
sion of Supreme COurt-All
Hopes of "Wet" Christmas
Are Swept Away
ACT NOT CONFISCATORY
Given 10 Distiilers so Dispose Of
StOcks-AppnrentIy Little Chance
That 4. :. VIII Ever BE "Wet" Agnin

, Washington. Dec. 15.-By unanimous
decision, constitutonallty of the war
! time prohibition act was sustained to-
day by the Supreme Court. The opinion
| given by Associate Justice Brandeis, held
in effect, however, that the war-invok-
, ed dry period still may be terminated
by presidential proclamation of demobil-
ization.
! In rendering It's opinion the court, how
ever. did not act upon the validity of the
| Volstead prohibition enforcement act or
, on appeals involving the alcoholic con-
tent of beer leaving those cases to flu
ture opinions which may be handed down
next Monday before the court recesses
for the Christmas holidays To-day's
decision practically swept away all hopes
OF a wet" Christmas the possibili
ties OF the wartime act being repealed
before coDstitutonel prohibition becomes
effective one month from tomorrow
we're considered remote.
The cases decided were those of the
Kentucky Distileries & Warehouse COM
pany Of Louisville, Ky, and Dryfoos.
Blum & Co. of New York instituted for
the purpose of compelling the govern
ment to release whiskey from bond. In
both cases, the court denied contentious
the distillers that the act. in violation
of the constitution. takes private prop
ierty without just compensation, that the
period Of the war emergency for which
the act was passed had terminated, that
the law was an interference with the
State police powers and an undue exercise
of the war powers Of Congress.
Congress did not intend for the war;
time act to terminate on 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 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 pro-
claiming the date when rehabilitation had
terminated"
Had the President on October o last
when he vetoed the Volstead act believed
that rehabilitation had terminated. the
court said, he would doubtless have
issued n proclamation to that effect. for
he had manifested a strong conviction
that restriction upon the sale Of liquor
should end.
"Ony by such proclamation could the
purpose Of Congress be attained. and
uncertainty be obviated."
I'm view Of facts of public knowledge"
the opinion read, some of which have
been referred to. that the treaty Of
peace had not yet been concluded, that
the railways are still under national con-
troll by the virtue of the war powers, that
other war activities have not been brought
to a close. and that 1t cannot even be
said that the man-power of the nation
has been restored to peace footing,
we are unable to conclude 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
was not repealed. the court held by the
prohibition constitutional amendment
which. it asserted, Is binding not only in
peace, but also in war times
Announcement was made tonight hat
the House agriculture committee will
meet tomorrow to vote on the motion TO
table the bill of Representative CALI
van. democrat of Massachusetts. which
woull repeal the wartime act
Inter- nj revenue officials explained to-
night that the courts opinion would not
affect the bureaus plans for enforcing
|
prepal at cns had been made upon the as
SUMPTION that the act was constitutional.
Louisville, Ky. Dec 15.-Kentucky
distillers and more than 900 Louisville
former saloon keepers were jolted by
TO days decision of the Supreme Court
holding wartime prohibition consti-
tutional The distillers. it was said es-
tmated had 100000 gallons of whis.
lx-l ID.
$500, 900 gallons of II in Louisville
alone ordinarily worth at wholesale
s40O, 900, 900. The former saloon keep
ers after setting the stage for wet
period continued the sale Of soft drinks
while the dlstillers, with expectation
apparently the only avenue open to
them, flocked to the custom house for
export stamps. Pessmism, however
was evident. Difficulty in obtaining the
tremendous railroad equipment esti-
mated at 5000 freight cars, and the
comparatively short time limit was
, pointed to as an indication of impos-
sbility to remove more than small
fraction of stocks to the seaboard by
January 16. when, according TO a rul-
Ing of Commit as Toner of internal rev.
! enue Roper. all whiskey intended for
export must be out of the country.
New York. Dec. 1.-THE knockout de-
livered John Barleycorn to-day by the
United States Supreme Court In declar-
ing wartime prohibition constitutional
came as tremendous jolt to leaders
of the vets dispensers OF liquors, the
wiseacres who have been predicting =
wet as well as merry Christmas, and
the average man with Il thirst.
I'VE do not care to criticise the Supreme
Court and have no comment to make at
this time" was the only statement forth
coming from A. w. Slaight executive
secretary Of the Association Opposed TO
National Prohibition. He added how.
ever. by way of chaser" that his or
ganization was concerned chiefly with
combating the 18th amendment and had
no direct interest in the wartime act.
But the vets had not entirely lost
Arm Of Root. Clark. Buckner How
land, who have led the legal forces OF
the "antis," declared it all rested with
the President and Senate whether Ameri-
cans were once more to taste red liquor"
II the Senate ratifes the peace treaty
before January lG, when the constitu-
tional amendment becomes effective and
the President Immediately issues proc
lacation declaring war and wartime pro-
hibition at an end. then all Will be well,
according to Mr.. Buckner,
;, The blow fell hardest upon the thou