New-York tribune., 1919-12-17
Proceedings Declare Law
Is Unconstitutional in
State Of New Jersey;
Decision Is Withheld
Congress Exceeded
Authority, Is Claim
House Agriculture Conn
mittee Rejects Bill to
Repeal Wartime Act
Neu York Trtbu~s
WASHINGTON BrreoB

Neau York Tribune
Washington Bureau
WASHINGTON, Dec. 16-The
first action attacking the validity of
national prohibition was presented
in the Supreme Court to-day when
permission was sought by the Retail
Liquor Dealers Association of New
Jersey to institute original proceed
ings to have the amendment declared
unconstitutional in New Jersey, and
have the state officials there enjoined
from enforcing the act. After hear
ing the motion presented by George
W. Tucker, attorney. and accepting
the brief proposed by the association,
the court withheld its decision on
granting permission to institute the
suit.
In addition to enioining enforce
ment of the amendment. the associa-
tion also asked to have the court
grant a similar injunction relative 60
portions of the Volstead prohibition
enforcement act affecting the amend
ment.
Constitution Alleged Violated
The proceedings name as defend
ants the State Of New jersey. which
refused to ratify the constitutional
amendment: Attorney General Palmer,
@,,&
torney for New Jersey. and Daniel c.
Roper, Commissioner Of Internal Rev
enue.
The brief hled with the court al
leges that the Constitutional amend
ment is an interference with the state
police powers, a violation of the Fifth
Constitutional Amendment, which pro
hibits the taking of private property
without just compensation; that
neither Congress nor the state legis-
latures had authority to propose or
ratify the amendment. and that the
amendment when passed by 'ne House
did not receive the support of two
thirds Of the mem bership, as it is al
legged the Constitution provides, but
by two-thirds OF the members pres
ent
Vets Dealt Another Blow
The House Committee on Agricul-
ture to-day voted an unfavorable re-
port on the bill to repeal the wartime
prohibition law, with only three mem
bers of the committee voting against
the action.
Repre- esentative John T. Rainey. Of
Illinois, who with Repre- sentatives
Ward, Of New York, ana Voigt, Of Wis
consin, disapproved the unfavorabls
report, spoke against the action He
argued that the repeal OF the prohibi-
ton measure would enable persons OF
small means to lay in supply for
medicinal purposes and the govern
ment would be benefited by 5000 O00O
additional revenue if the wet period
could be maintained until January l6.
when the constitutional prohibition
goes into effect No reply was made
from the dry" side Of the committee,
and vote of Il to against the re-
peal followed immediately
Department Of Justice officials had
nothing to say to-nig ght about the re-
ported advance leak from Washington
10 Wall Street OF the decision of the
Supreme Court in the wartime prohi-
bition cases.
Inquiry in Hands of Flynn
Investigation Of the matter is in
the hands of William j. Flynn, chief Of
the bureau of investigation, who is
in New York. and officials here de-
clined to comment until they learned
what Mr. Flynn may have discovered
The leak, however. is not taken
seriously by department officials at the
present time, although if it is dis
covered that nybody IS making
practice of furnishing advance infor-
nation about Supreme Court decisions
based on information obtained i'm
properly some action VIII be taken.
The department cannot interfere with
any ones right to figure for himself
What the court may do, nor protect
enough to sell his dope"
1t was said tonight that an en-
ployee Of the court who is involved
in the matter may be dropped. but in
vestigation failed to show that the
name Of the Washington lawyer sup
posed to have furnished the advance
information is in the telephone direc
tory or IN the directory of the Office
building where he was supposed to
have an office
A report that Wall Street now has
in its possession q Supreme Cour.
decision, yet to be handed down. was
not credited. The utmost care is taken
to guard opinions of the court. and
even il "tip" did get out on the
purport Of an opinion officials do not
believe that the opinion itself could
be obtained.
Wets" See Hope in President
Different interpretations of the Su-
preme Court wartime prob ibition de-
clsion, based on hope or fear that tho
President will lift the ban, were eiven
to-day by the "wets" and "drvs" The
vets" hope the President would issue