The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-03-26
Distillers Appeal to Courts To
Declare Prohibition Amend
ment Unconstitutional
WAR PROHIBITION ALSO
TO BE ATTACKED
Effort VIII Be Made in Several
States 70 Set Aside Ratifica
ton.

c<ew York. March 21-The commit
tee Of distiiiers Of the United States,
representing the entire distilling in
dustry, announced tonight that steps
!! were being taken to attack the con-
stitutionality Of the fedora. prohibit
ton anlc2d.13e EFT and the war time pro
Ilibition act.
Levy Mayer of Chicago, counsel foy
I the organization, was instructed to
arrange for a suit to test the eme,
gency prohibition law after the treaty
of peace has been signed. Action to
bring about a judicial review Of the
18th amendment. il was said, would
/ await the outcome OF referendum
! elections in 13 States whore petitions
fo: calling Il popular vote Oh the bore
dry" enactment have been filed or are
in circulation
Mr.. Mayer advised the committee
that in States having referendum laws
and whose legislatures have ratified
the a,IaeT.Gln eat the ratification wo,i!G
have no effect unless a majority of the
votes cast IN the elections favored The
amendment.
The attorney also gave an opinion
that il the war time prohibition ac,
is unconstitutional. manufacture -:
distilled spirits. forbidden by the pres
;dent under the food conservation
laws, could be lawful:y resumed as
scon as the war is ended.
In their discussion Of measures to
nuI!ify the federal amendne enc, the
distillers named California Washing
ton. Oregon. Ne:ada, IDAHO, Utail.
New Mexico. Colorado. Michigan. Ohio.
Missouri Name and Nebraska as
ssstates where referendum petitions:
have been circulated. IS 45 States
legislatures ratified the amendment
n;Ee more than the Hcce5sar:, tfree
fourths the disttlIers announced plan
Of action could not be carried out #
the people OF more than four States
approve the decisions OF their leGis-
lativa bodies.
The distiljers attack on the war
time prohibition act follows the lines
laid down by counsel for the brewers
in their test suit filed here yesterday,
alleging that the law, having been en-
acted after the signing of the armis-
tice went beyond the power Of con-
g"css to adopt measures fer The ma
tons security and defense.
Members Of tie dis:iilers committee I
declared the decision 10 withhold ti.eir !
litigation Until the completion Of
peace negotiations was based on q !
desire to proceed only after the war
was formally declared a
matter of history. 1t vas said the
suit you'd he brought: against the col
lector Of internal revenue and the fed
aral district attorney "in some appro-
pirate district.
While nc distilled beverages have
been manufactured since July ]. 1917.
lndc, the food conservation regula-
.iors. 10 ban has been placed on mar
IetinS Of stocks. except tiat in tho
;Tar tine prohibition act which ior-
3i6s sales and all Withdrawals from
BOND. except for export purposes. after
Tune 80. next. until the dcmobiization
IF the var time military forces.
The distillers committee. with 5
zecrge +. Dieterl Of Cincinnati as Sec
etary, has been in conference for {
he past two days with members pres I
TT from all sections of the country j