The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-15
PROH|B|T|0N.|S
UPHELD IN ].
COURT DECISION
WHISKEY MEN FAIL. {.
In THREE ATTEMPTS
Federal Judges Knox, Han4.
and Rose In Important
Opinions

NEW YORK, Nov 14.--rhres at.1
tempts to prevent enforcement Of tAe
wartime prohibition and Volstesa ~
forcement acts failed In federal courtAs
here today. Federal Judges Leatne4
Hand. John c. Knox and John e. Nn1ys
of Baltimore each in a different t4e(s
upheld the constitutionality of the hNfs
in denying petitions seeking 3injunet1one
to restrain interference In Fpanufectnfo
and withdrawal Of liquor from bond.
Judge Hand denied petition q
Jacob Rupert, brewer, who sought -
Injunction permitting him 20 resume
the manufacture Of beer OF 476 aleoh6k
ic content.
Judge Knox denied petition to rse-
strain William H. Edwards. collector ~
internal revenue from preventing the ~.
lease from bond Of barrels OF; diStilieA
spirits. The petitioners were Dryfed9
Bloom & Company, Wholesale liQVcH
dealers, and the decision was haD1SA
down in passing on demurtefs OF tvs
local saloonkeepers who sought to pfot
vent enforcement Of the act.
Judge 1osSs Dsc1sloa. -:
The third decision by Judge RoSe Uaf,
on an application by the Maryiand. d.
tiIling company for an injunction, ~
prevent Joshua W. Miles, collector ~
internal revenue Of Maryland. from n.
terfering in the release OK lsfeO guar.
titles Of whiskey now In boRd.
In commenting on tho fact that teeh.
nically the nation is still st war, Juaee.
Rose expressed the opinion that tho unef
Of beer and light wines should bo. yep..
mitted because Of changed condition1.
since last Spring. He added that itWh1
not in the province Of the judiciary -
state when the war 10 at amend.
II have every sympathy with pesnolg
whose business conducted In law-AotNes
ing manner is conhscated without coHte
with Judge Hand that It was perfectly
reasonable for congress 20 say war ",
not ended till tho treaty OF peace -.
ratified. There must be some WY for
all the world to know when man NAP
take his whiskey out Of bond" 81
Judge Xaaa's opiSioa. y;
Judge Hand in his decision said:
hold that the wartime prohibltion aee.
remains a valid exercise OF congregations
al power, and the only question left ~
of title one under the national pnohlf
bition act, insofar as It igcludcs MDa&
on this record, must accept 70 ~
notwithstanding beer. .as5
Though the sole justification or NJ
wartime prohibition be to prohibit lAe
sale Of intoxieants It may be tmposSihlo
| effectively to accomplish this end with
out including all kinds Of beer. ~
The same rule must apply TO on1t,
Eress a. to q state leGislakure: FhSllHs
the plaintiff in the second case {ltAR T.
pert) says that even though ! SnnHl~
conclude, as I do, that the laws Afei
constitutional, he should have tcnpe
ary Injunction pending appeal. The S4.t
preme court Is to hear arguments on the.
J constiutionality OF the WAf-time pfA.
hibitioi, act on Thursday next. ana II -,
reasonable to suppose that an early de.s
cision will be reached. The damage
done by An injunction, meanwhile can.
not be measured by money.
Qusstion of Nasioaai Policy.
D Here is a question Of national public
policy, of allowing the sale Of what the
constituted authorities apparently re.
gard as injurious to the public, or 70 So
much Of II as they have . right 10 con.
slider. To annul their will, II only for
a season. is to do On injury. which -.
to say the least, as irreparable, II thu;
laws be valid. as to prevent the plain
lifts from selling intoxtcAnts Tor, tAe
period II they are not. .y
I'm all the books VIC arc told thAS
to declare q law unconstttutionots wA
must be assured beyond questioa It -
such, A temporary Stay NOW n .
| declaration for q time that II is an.
constitutional. It 10 to dispense With
statutes till the case In finally dcct4eb
Assuming that may do %. there scems,
to be no proper reason Tor sxsfeastg4
the power"