The Hartford republican. (Hartford, Ky.) 18??-1926, 1920-01-09
HIGH court KILLS
HOPE FOR 2.75 beer
Vets To Attack Prohibition
Amendment, See
Failure

New York, Jan. 5.-Another fight
for 2.75 per cent beer will be made
before the United States Supreme
Court, according to Emory r. Buck
ner, who was associated with Elihu
Root, as counsel for Jacob Rupert.
against whom the United States Su-
preme Court decided today in holding
the sale of 2.75 per cent beer illegal.
Mr.. Roots firm Is counsel for
Christian Reigenshan/a New Jersey
brewing corporation which is seek
ing to restrain enforcement of the
eighteenth amendment in New Jer-
ey. The bill Of complaint in the case
says that 2:75 beer is not intoxicat-
ing and that "such fact has been
definitely determined and demons
trated by experience"
"The question whether 2.75 beer
can be sold after the eighteenth
amendment is effective must be de-
cided in the future" said Mr.. Buck
ner.
"Today's decision effects its status
only under wartime prohibition.
Today's decision relates only to the
war powers of Congress. When the
amendment is effective, questions will
be raised not only as to the validity
of its passage, but also whether or
not Misunderstanding beer can be sold
under it."
Mr.. Buckner saw a ray of hope in
the fact that the court was divided on
today's decision, but was not encour-
aged by that portion Of the majority
decision saying that Congress had
power to fix standard of alcoholic
contest for the purpose of effective
enforcement. He did not care to pre-
dict whether this would be control
ing precedent when the court came to
pass ON the validity of 275 per cent
under constitutional prohibition.
William H. Hurst, attorney for the
New York State Brewers Association,
asserted that the decision relates
only to that part Of the Volstead bill
which deals with wartime prohibit
ton and has no necessary bearing on
the eighteenth amendment, ,
mo case is before the Supreme
Court upon which a decision was to
have been handed down today that
involves either the validity of the
amendment itself or that raises any
question of the power of Congress un-
der the amendment" said Mr.. Hirst.
Power of Congress UnquestiOnable
By margin of one vote the
Washington, JAM 5-By mar
gin of one vote the Supreme Court to-
day upheld the right of Congress to
define intoxicating liquors, insofar as
applied to wartime prohibition.
In a four-to-five opinion rendered.
by Associate Justice Brandeis, the
court sustained the eenstitutionality
Of provisions in the volstead prohibit
ton enforcement act prohibiting the
manufacture and sale of beverages
containing one-half of one per cent or
more of alcohol. Associate Justices
Day, Van Devanter, McReynolds and
Clark dissented.
Little Hope for "Wets."
Validity of the federal prohibition
constitutional amendment and of por-
tions of the Volstead act effecting its
enforcement was not involved in the
proceedings, but the opinion was re-
garded as so sweeping as to leave lit
tie hopes among wet" adherents.
Wayne B. Wheeler, general coun-
sci for the Anti-Saloon League OF
America, hailed it as a sweeping
victory and in a statement tonight
said the only prohibition question
left open by the court now is whether
the eighteenth amendment is of the
nature that can be considered as a
federal amendment and whether it
was properly adopted.
In rendering the opinion, the court
sustained Federal Court DEGREES dis
injunction proceedings to en-
join federal authorities from prevent
ing Jacob Rupert, a Now York
brewer from manufacturing beer cen
in ex ~ss Of O'e half of one
per cent but which he alleged was