Norwich bulletin., 1920-01-06
SUPREME COURT uPHoLDs
 WAR TIME PROHIBITION ACT
Court Sustained Volstead Act in Five
 to Four Opinion.

Washington, Jan. 5.-By a maroin of one vote. the supreme court today upheld the right of congress to define intoxicating liquors insofar as applied to war time prohibition.
 In five to four opinion rendered by Associate Justice Brandeis the court sustained the constitutionahty of pro- visions in the Nolstead prohibition en- fcrcement act prohibiting the manu- facture' and sale of beverages contain ing one-half of 1 per cent or more of alcohol. Associate Justices Day, Van Devanter, McReynolds and Clarke dis scented.
 Validity of the federal prohibition constitutional amendment and of DOT tions of the Volstead act affecting it's enforcement was not involved in the proceedings, but the opinion was re- garded as so sweeping as to leave lit tie hope among wet adherents. In rendering the opinion, the court sustained federal court decrees dis missing injunction proceedings to en- join federal authorities from pre- venting Jacob Ruppert, a New York brewer, from manufacturing beer con taining an excess of one-half of 1 per cent. but which he alleged was intoxicating.
 Ray of Hope for the "Wets.'
 
 brief ray of hope when shortly after wards Associate Justice Day in an 1 unanimous opinien sustained the als- miss;sI of indictments brought under the war time prohibition act against 1 the Standard brewery of Baltimore and the American Brewing company of New Orleans for manufacturing PTS beer before the Volstead act was l passed. In sustaining this action the | court held that congress has the right to determine what is intoXicat- l ing beverages but in view of the fact ! the Volstead act had not yet beer
 passed, manufacture of low alcoholic
 been was permissible under the wal | time prohibition act providing it was not intoxicating.
 l Following the rendering of today's | opinion, Assistant Attorney Genera ! Frierson, who has been in charge O. l the prohibition cases in the supreme i court, announced that the department 1 prosecution of all persons who have
 sold beer since the passage last Oct | 28 of the Volsetad act.
 Decision Was Sweeping. 1 The opinion of Justice Brandeis who also rendered the Dec. 15 de cision upholdins the constitutionality of the war time prohibition act. wa.
 sweeping, setting forth that ''implkt
 war power over intoxicating Iiquor.
 extends to the enactment of law. 1 which will not merely prohibit the
 sale of intoxicating liquors but vii
 efectually prevent their sale" | Justice Brandeis also declared tha l the war powers Of congress posses! 1 virtually the same authority as tha | held by the states under their police powers, adding If in it's opinion. the 1 particular emergency demands imme | diate diScontinuance of the traffic | congress must have the power to re-
 quire such discontinuance"
 | Dissenting Opinion.
 A dissenting opinion concurred in by 1 the other three associate justices wa.
 rendered by Justice McReynolds, SKrllG took exception to the majority's View. | regarding the scope of the war Dow. CTS. The minority declared the Son. stitution should be interpreted so tha.
 no part should suffer emasculattio. l by any strained or unnatural con
 struction' by which the public: rights might be ieopardized. & 1 Briefs were filed today by the gov l ernment and New. Jersey authorities 1 i'll connection with the courts ordel i to show cause why original proceed | ings involving the validity of tho
 eighteenth amendment and provision: l of the Volstead act affecting it's en- l forcement should not be brought by
 the state of Rhode Island and on be half of the Retail Liquor Dealers as I sociation Of New Jersey. A brief 1T
 support of the New Jersey case was also presented and arguments were l made by E. V. Abbot for the plaintiffs 1 and. by Solicitor General King and
 Attorney General Thomas F, McCrar of New Jersey in opposition. Argu- ments in the Rhode Island case were postponed until next Monday.