South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-01-06
SUPREME COURT
RULES FOR U.S..
ON DRY ACTION
Congress May Define Liquor
When Applied to War
Time Prohibition.
DRYS CLAIM BIG VICTORY
BY Associated Press

BY Associated Press;
WASHINGTON. Ian. BY a
margin Of one vote. the supreme
court Monday upheld the right Of
congress to define Intoxicating iiq-
uors. insofar as applied TO war time
prohibition
In five to four opinion rendered
by Associate Justice Brandeis. the
court sustained the constitutionality
Of provisions i'm the Volstcad prohi-
birion enforcement act prohibiting
the manufacture and sale of bever-
ages contaiuins one half of one per
cent alcohol Associate Justices
Day. Nandevanter McReynolds and
Clarke disseuted.
Little Hope for "WctS"
Validity OF the federal prohibition
constitutional amendment and of
portions of the EOlstcad act affect
ing its enforcement was not involved
I'm the proceedings. but the opinion
was regarded as so sweeping as to
leave little hope among ''wot" ad-
herents. Wayne T. Wheeler. general
counsel for the Anti-Saloon League
OF America. called it sweeping
victory" and i'm a statement Monday
night said the only prohibition ques-
tion left open 10y the court now is
whether the eighteenth amendment
! is of a nature that can be consid-
cred as q federal amendment and
whether il was properly adopted.
Dismiss InjBnetions.
! In rendering the opinion the court
sustained federal court DEGREES dis.
! missing injunction proceedings to
enjoin federal authorities from pre-
venting Jacob Rupert. a New York
| brewer, from manufacturing beer
| containing in excess Of one half oi
one percent but which he alleged
was Notwithstanding
The "wets." however, received .
brief ray Of hope when shortly aft
ervard Associate Justice Day in ar
unanimous opinion sustained the
! dismissal OF indictments brought un-
der the war time prohibition act
against the Standard brewery OF
Baltimore and the American Brew
! ing company of New Orleans fol
manufacturing 2.75 percent beer be
fore the Volstead act was passed. II
| sustaining this action the court helC
that congress has the right TO de
! termine what is Intoxicating bever
ages. but in view Of the fact the Vol
! stead act had not yet been passed
! manufacture of low alcoholic bee
was permissible under the war tim,
prohibition act. providing if was no
intoxicating.
Begin Prosecution.
Following the rendering OF Mon
days opinion. Assistant Attorne.
General Frierson. who has been il
charge of the prohibition cases il
the supreme court. announced tina
the department OF justice was read.
10 begin the prosecution Of al per
sons who have sold beer since TIN
passage last oct. IS OF the NOlStea,
act. The names of all persons vio
Hating the act have bee,, obtained d.
the department and card-indexed
and prosecutions. he said. woUll
begin at once.
The opinion OF Justice Brandeis
who also rendered the Dec. - deci
sion upholding the constitutionaut
Of the war time prohibition act. va
sweeping. setting forth that i'm
piled war power over intoXicatin
liquors extends 20 the enactment O
laws which will not merely prohibi
the sale Of Intoxicating liquors bu
viii effectually prevent their sale.
Congress Has Power
Whether it be for purposes a
national defense" the justice saic
cor for the purpose of estabIishin
5 Ipostofices and postroads or for th
purpose Of regulating commerc
among the several states. congres
. has the powers 20 make all law
necessary and proper for carryin
into execution the duty so repose
. / in the federal government"