Arizona republican., 1920-01-06
Little Hope for "Wets"


 Little Hope for "Wets"
 Validity of the federal prohibition constitutional amendment and of DOT tions of the Nolstesd act affecting is enforcement was not involved in the proceedings. but the opinion was re- garded as so sweeping as to leave little hope among wet" adherents. Wayne B. Wheeler, general counsel for the Anu-Saloon League Of America, hailed it as d sweeping victory" and in .t statement tonight said the only prohi- bition question left open by the court now is whether the eighteenth amend ment is of nature that can be con sidered as federal amendment snG whether 1t was properly adopted.
 In rendering the opinion. the court sustained federal court decrees, dis missing injunction proceedings to en- join federal authorities from prevent ing Jacob Ruppert, a New York breWer from manufacturing beer containinS in excess of one-half of 1 per cent but which he alleged was non-intoxi- eating The ''wets," how ever. received d brief ray of hope when shortly after wards Associate Justice Day, in sn unanimous opinion, sustained the dis missal of indictments brought under the wartime prohibition act against thc Standard Brewery of Baltimore and th4. American Brewing company Of New Orleans for manufacturing 2.75 beer before the NolsEead act was passed. Tn sustaining this action. the court held that congress has the right to de termine what Is intoxicating bevera eeS. but in view of the fact that the Vol stead act had not yet been passed manufacture Of low alcoholic beer wa permissible under the wartime prohibi- tion act, providing it was not intoxi- eating.
 Prosecutions Start at Once
 Following he ,,F opinion, Assistant Attorney General Frierson. who has been in charge or the prohibition cases in the supreme court. announced that the department of justice was ready to begin the pros ecution of all persons who have sold beer since the passage last October 2S of the Volstead 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 Brandeis. who also rendered the December Is decision upholding the constitutionality of the wartime prohibition act, was sveepinc. setting forth that implied war power over intoxicating liquors extends tho enactment of laws which will not merely prohibit the sale Of intoxicating liquors. but will effectually prevent their sale
 w hether It be for purposes of na tional defense,7 the justice said s.or TOT the purpose of regulating commerce among tho several states or for the purpose of establishing postoffices and post-roads- congress has the power .to make all laws necessary and proper for carrying into execution the duty so re posed in the federal government"
 Justice Brandeis also decreed that the war powers of congress possess
  held by the states under their y,oIice powers, adding If, in it's opinion the particular emergency demands tha i'm mediate discontinuance of the traffic. congress must have the power to re quire such discon ntinuance."
 MoReynolds Writes Dissentin1 Ooiujon
 dissenting opinion, concurred in by the other three associate Justices was by Justice McReynolds. who took exception to the majority's views regarding the scope of the war DOW CTS. The minority declared the con should be interpreted so that no part should suffer ena sculation bv any strained or unnatural construc- tion.' by which the public's rights might be jeopardiZed.
 Briefs were filed today by the gov and New Jersey authorities il, connection with the courts order to show cause why original proceedings lnVoiVing the validity of the eighteenth amendment and provisions Of the Vol stead act affecting it's enforcement should not be brought by the state or Rhode Island and on behalf of the Retail Liquor Dealers association e. New Jersey. A brief in support of the New Jersey case was also presented and arguments were made by E. N Abbot for the plaintiffs and by Solfcf- tor General King and Attorney Gen eral McCran of New Jersey in opposi- ton. Arguments in the Rhode Island case were postponed until next Mon day.