Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-01-06
NATION MUST Be
DRY, DECISION Of
SUPREME COURT
Sale of Beer With More Than
is Per Cent of Alcohol Isl
Also Declared Illegal In the
Opinion.

tsf MORNING JOURNAL SPECIAL LEASED wiREl
Washington, Jan. 5.-The prohib-
ition enforcement act. defining as in
toxcating anv beverage containing one
half of one per cent or more of alcohol,
was declared constitutional today by
the supreme court in an opinion on
which the court divided, five to four
Proceedings brought by Jacob Rup-
pert of New York, and New Orleans
and Baltimore brewers to enjoin the
government from prohibiting the sale
of 2.75 per cent beer were ordered dis
missed.
What the Opinion Holds.
IF the war power of congress to
effectively prohibit the manufacture
and sale of intoxicating liquors in or
der to promote the nations efficiency
in men, munitions and supplies is as
full and complete as the police power
of the states to effectively enforce
such prohibition in order to promote
the health, 1safety and morals of the
community" the majority opinion said,
lit is clear that this provision of the
Vostead act is valid and has render
ed immaterial the question whether
plaintiffs beer is intoxicating. For the
legislation and decisions of the highest
courts of nearly all of the states es-
tablish that it is deemed impossible to
effectively enforce either prohibitory
laws or other laws merely regulating
the manufacture and sale of intoXi-
eating liquors, if liability or inclu-
sion within the law is made to depend
upon the issuable fact whether or not
q particular liquor made or sold as a
beverage is intoxicating.
THAT the federal government
would, in attempting to enforce pro-
IA 10 hn rxrith
ficulties similar to those encountered
by the states is obvious; and both this
experience of the states and the need
of the federal government of legisla-
ton defining intoxicating liquors as
was done in the Volstead act was
clearly set forth in the reports of the
house judiciary committee. Further
more, the attorney gener-
al calling attention specifically to the
claim made in respect to the 2.75 per
cent beer. had pointed out TO congress
that definition of Intoxicating liquor
by fixed standards was essential to eff
fective enforcement of the prohibition
law. 1t is therefore clear both that
congress might reasonably have con-
sidered some legislative definition of
Intoxicating liquor to be essential to
effective enforcement of prohibition
and also that the definition provided
by the Volstead act was not an arbi-
trary one.
States Police Power.
THE police power of state over
the liquor traffic a single
broad power to make such laws, by
way of prohibition. as may be requir-
ed to effectively suppress the traffic
in intoxicating liquors. Likewise the
implied war power over Intoxicating
liquors extends to the enactment Of
laws which will not merely prohibit
the sale of intoxicating liquors. but
will effectively prevent their sale.
Hardship resulting from making an
act take effect upon its passage is a
frequent incident of permissible legis-
lation. Here the loss re-
sulting to the plaintiff from inability
to use the property for brewery pur-
poses, is an incident of the peculiar ma
ture of the property and of the war
needs, which, we must assume, de-
manded that the discontinuance of use
be imm ediate.
Prohibition of the manufacture of
malt liquors with alcoholic content of
one half of one per cent or more per-
Missile because in the opinion of con-
gress, the war emergency demands it.
If, in its opinion, the particular emer-