Every evening, Wilmington daily commercial., 1919-12-15
WARTIME PROHIBITION STANDS;
LAW is CONSTITUTIONAL, SAYS
UNITED STATES SUPREME COURT
Highest Court of Nation Dsmisses Appeals From Kentucky
and New York, and tpholds Law Enacted by Congress;
ConsttutonaGty of the Dry Law Covering War Period,
Stands Test
COURT UNANIMOUS
IN UNFOLDING DRY"
War Not Ended, Says Justice
Brandies, in Reading Opinion
Vets Lose Every Point
By Associated press 70 Every E7rnine

By AsSDctat@d Press - Every ETfffnT
Washington. Dec Is Wartime pro-
hibition was held constitutions todav ~
the Supreme Court 10 an 4nsnlnogs
decision Thus vanished tho hopes n
many for vet holiday time
No decision was rendered on fhc cagef
involving the consfitutonality ~ hc
Volstead law, The prohibit On enforce
nent art framed - carrv oiit ne intent
Of the prohibition amendment n thr
constitution
DRY Law BINDING oE sTtTEs
IN passing, however, Associate Iustics
Brandeis did hold that 1e prohibition
amendment was binding On he ~fatee
IS well ag tho Federal government
The court entirely reversed he roB-
tention of the vets hat wartime
prohibition Eaq outside .hc wartime
powers Of Congress and pointed out thai
wartime control Of food and railroads
still we're in effect
The decision added one of tho tina
mllestones 10 the long fight n make -re
country drv
The court viii render opinions sgaln
next Monday at which time the beer cases
are expected To BE- decIdcd after which the
court viii recess tuntii JannsrE
NEXT DRY DECISION is 1ASuART
Upon the courts decision on the pro
hibitIon enforcement !aw which ex-
Deeted aariv in January. will depend
whether the Federal ernnnent has AZ
hand anv legal means for making the
amendment effective
The constitutionalItv Of wartime pro
hibition, however. the drys are confident.
viii keep the country dry until the amend
rnant is carried into effect bv aw Of its
own.
The prohibition constitutional amend
ment will become effective January is.
Justice Brandeis said there was no Dasis
for the contention thar President Wilson
statement ID ms message vptOng ne
prohibition enforcement act that the war
had come to an end. was a proclamation
announcing the termination of the var.
NO MENTION or BEER cAsEs
II rendering its opinion the court con
fined itself entirely 70 the wartime pro
hibltion act and took no action on the
s0-called beer cases winch attacked the
constitutionahty Of me prohibition en-
forcement act
Justice Brandeis' decision in part fol-
lows
The war power OF the United states
ike its other powers, and like the police
power Of the States. Is subject 70 applicable
constitutional limitations, but the 1ltn
amendment imposes il tins respect nO
greater limitation upon the national power
than does the fourteenth amenomenJ
upon State power II the nature ana con
dIJIOnS OF 3 restriction upon the Use az
disposition Of property Is slcn inst
State could, under the police power, m-
pose 1t consistently NIth the Atm amend
ment without making compensation, rlcL
the United States may for q permitted
purpose impose j Ike restriction consist
emily with the fifth amendment, RIthou.
making compensation, Tor prohibition III
the liquor traffic Is conceded 10 he an
appropriate means OF increasing or Rat
efficiency.
TIME TO SELL LIQUOR
There wss no appropriation oi .ul
liquor for public purposes. The wartime
prohibition act hxed a period Of seven
months and nine days from It's passage
during which liquors could be disposed q
free from any restriction imposed by hs
Federal government Thereafter acE
the end Of the war and me termination y
mobilization. q permits an Unrestricted
sale for export, and within ne n.ed
States. ssleS for other han beverage pu4
poses
The uncompensated restriction .pO1
the disposition Of liquors imposed oy -hls
act is Of nature far less severe han ne
restrictions on the use Of property ac-
quired before the enactment OF the pro
hibitory which were held 70 DC permis-
sible in cases arising under the 18th
amendment The question whether at
absolute prohibition Of sale could be ap.
phed BY State % liquor acquired before
the enactment of the prohlbltory law has
been raised BY this court, bat not an.
swered. because unnecessary to decision
But no reason appears Why NtSte
statute which poStpones ITS effective
date long enough Is enable thoSe eU
gagged In the business 70 dispose of stosh.
Continued on mage