New-York tribune., 1919-12-16
Kentucky and New York
Appeals to Compel u. S
to Release Liquor in
Warehouses Are Denied
Another Opinion
Due Next Monday
Highest Tribunal Holds
Dealers Had Adequate
Time to Sell Stocks

WASHINGTON, Dec. 15.-Con-
stitutionality of the wartime prohi-
bitlon act was sustained to-day by
the Supreme Court in a unanimous
decision. The opinion, given by Asso-
ciate Justice Brandeis, held in effect.
however, that the war-invoked "dry"
period still may be terminated by
Presidential proclamation of demob-
ilization.
The court did not pass upon the
validity of the Volstead prohibition
enforcement act or on appeals in
volving the alcoholic content of beer
Decision on the beer cases is ex
pected to be made on Monday, after
which the court will adjourn until
January 5, when the decision on the
Volstead act is looked for.
Hope for ~Wet" Christmas Fades
To-day's decision practically swept
away all hope for ''wet" Christmas.
The possibility of the wartime act be-
ing repealed before then was consid-
cred remote. The action Of the cour,
also means that the lid will not again
be lifted by injunctions restraining thu
enforcement of wartime prohibition.
as recently was done in Louisville
New Orleans and ST. Louis
Constitutional prohibition become
effective one month from tomorrow.
and the wartime law Will remain iA
force until then. unless the ban j.,
lifted IN one of the following ways:
l. Ratification of the peace treat.
:. Establishment of peace through
resolution Of Congress signed bv
the President.
8. Proclamation by the President
that the war is at an end and de-
moblilzatlon of the army completed
4. Repeal Of the wartime act b.
Congress.
Roots Contentious Denied
The cases decided were those of the
government TO release whisky fron.
bond. In both cases the court denied
contentious of Elihu Root and other
attorneys for the distillers that the
act, in violation of the Constitution.
takes private property without just
compensation, that the period of the
''~N ~AA@ bciANy i'4 WHlCH lU6 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 conclu-
sion Of the war, but at the end Of the
period of rehabilitation, in the view
clusion of the war clearly did not
mean cessation of hostilities"
Lifting of Ban Up to Wilson
Congress. therefore, provided" the
opinion added, that the time when
the act ceased to be operative should
be fixed by the Presidents ascertain
ing and proclaiming the date when de
mobilization had terminated"
Had the President on October 2s
last, when he vetoed the Volstead act.
believed that rehabilitation had ter
minated" the court said, "he would
doubtless have issued then a proclama
tion to that effect for he had mani
tested strong conviction that restric-
tion upon the sale Of liquor should
end"
"Only by such proclamation could
the purpose OF Congress be attained
and the serious consequences attend
ing uncertainty be obvlated"
AS evidence that the country is still
on q war basis, the court said that
the peace treaty is not signed, its rail
ways are under national control and
the man power of the nation has not
been restored to q peace Footing.
Dealers Given Adequate Time
Tho wartime act, the court 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 also was not repealed, the court
held, by tho prohibition constitutional
amendment, which, it asserted. is bind
ing not only in peace but also in war
times.
Announcement was made tonight
that the House Agriculture Committee
would meet tomorrow to vote on the
motion to table the bill Of Representa-
tive Gallivan, Democrat, Of Massachu-
setts, which would repeal the war
time act.
Internal revenue officials explained
tonight that the courts opinion would
not affect the bureaus plans for en-
forcing national prohibition In the
least. as all preparations had been
made upon the assumption that the
act was constitutional.
s440,00O,000 Loss in Taxes
The vast quantities Of distilled spirits
still in bond can be disposed of, under
the courts decision. only bv selling for
export or by converting their alec
holic contents for industrial purposes.
On July ] of this year, when war
time prohibition went into effect, there
were 72,35s.15l gallons of whisky and
other distilled spirits in bond. Some
ing been placed on the market after
the in niunctona UerA nht n tspaA tu sav