Pine Bluff daily graphic., 1920-01-06
ONE VOTE ALONE
 GIVES DRY SIDE: VICTORY IN COURT
Supreme Tribunal Upholds V0lstead Enforcement
 Act, , to 1
CONGRESS HAS RIGHT
 TO DEFINE INTOXICANTS
Dissenting Opinion by Justice Me- Reynolds Takes Exception to Scope of Congress- War
 Powers

Washington, Jan. 5.-By a mar gin of one vote the supreme court today upheld the right of congress to define intoxicating liquors, inso- far as applied to wartime prohibi- ton.
 In five to four opinion given by Associate Justice Brandeis, the court sustained the constitutionality oG the provisions in the Volstead pro hlbltlon enforcement act prohibit ing the manufacture and sale of beverages containing one half of one per cent or more of alcohol. Asso- ciate Justices, Day, Vandevanter McReynolds and Clarke dssentcd.
 Validity of the federal prohibition constitutional amendment and of portions of the Volstead act affect ing its enforcement was not involved in the proceedings, but the opinion was regarded so sweeping as to leave little hope among "wet" adherents.
 In giving the opinion, the court sustained federal decrees dismissing injunction proceedings to enioin fed eral authorities from preventing Jacob Ruppert, New York brewer from manufacturing beer containing in excess of one half of one per cent but which he alleged was non-intoxi eating. The vets, however, received a brief ray of hope when, shortly afterwards Associate Justice Day, in a unanimous opinion, sustained the dismissal of indictments brought un- der the wartime prohibition act against the Standard Brewery of Baltimore and the American Brew ing company of New Orleans for manufacturing 2.75 per cent beer be- fore the court held that congress has the right to determine what is in- toxicating beverages, but in view of the fact the Volstead act had not yet been passed, manufacture of low alcoholic beer was permissible under the wartime prohibition act, provid- ing it was not intoxicating.
 Begin Prosecution.
 Following handing down of today's opinion, Assistant Attorney General Frierson, who has been in charge of the prohibition cases in the supreme court, announced that the depart ment of justice was ready to begin the prosecution of all persons who have sold beer since the passage last October 2S, of the Nolstead act The names of all persons violating the act have been obtained by the department and card indexed and prosecutions, he said, would begin at once.
 The opinion of Justice Bradeis who also gave the December 10 dec1s- ion upholding the constitutlonallty of the wartime prohibition act, was sweeping, setting forth that nm piled war power over intoxicating liquors extends to the enactment o1 laws which will not merely prohibit the sale of intoxicating liquors, put will effectively prevent their sale."
 "Whether it be for the purposss of establishing postoffices and post roads, or for the purpose of fegu,, lating commerce among the seVefal states, congress has the power to make all laws necessary and proper for carrying into execution the duty so reposed in the federal govern ment"
 Justice Brandeis also declared that the war powers of coiigre,H possess virtually the same authority as that held by the states unoel their police powers, adding III, Ill it's opinion, the particular emergen- cy demands the immediate dlscoh. tinuance of the traffic congress mus have the power to require such dls- continuance" ..,
 A dissenting opinion concurred m by the other three associate JUS tices was given by Justice Mcney, holds, who took exception to the tt maiority's views regarding thE scope of the war powers.