Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1920-01-17
....JANUARY II, 1920.
CONGRESS is WITHIN RIGHTS.

SATURDAY. JANUARY II, 1920.
CONGRESS- is WITHIN RIGHTS.
Highest Tribunal Declares Body Has
Power TO Define Intoxicating
Liquors.
Validity Of Federal Prohibition Amend
mcnt is Not Passed On in Decis-
ion.
Washington, Jan. 5.-By Il margin
OF one vote the Supreme Court today
upheld the right Of Congress to define
Intoxicating liquors in so far rs ap.-
piled to wartime prohibition.
In to opinion rendered by AS
sociatc Justice Brandcis, the court
sustained the constitutionality Of pro
visions in the Volstead prohibition
enforcement act prohibiting the man
ufacturc and sale of beverages con-
tanning one half Of l per cent or moro
OF alcohol. Associate Justices Day,
Van Dcvantcr, McRcynolds and Clark
dsscnted.
Validity of the Federal prohibition
constitutional amendment and port
ions Of the Volstcad act affecting its
enforcement was not involved in the
proceedings but the opinion was re
gardcd rs so sweeping us to leave lit
tic hope among wet" adhcrcnts.
CALLS IT SWEEPING VICTORY.
Wayne b. Wheeler, general counsel
for the Anti-Saloon League Of Amcri
Ga hailed it as n "swccping victory,
and III sta emcnt tonight he said
the only prohibition question left open
by the court now is whether the
eighteenth amendment is OF a/nature
that can be considered as n Federal
amendment and whether it was prop
crly adopted.
In rendering the opinion the court
sustained Federal court dccrecs dis
missing injunction proceedings to en-
Join Federal authorities from prevent
Ing Jacob Rupert n New York brew
er, from manufacturing beer contain
Ing in excess Of one half Of i per
cen but which he alleged was nonin
toXicating.
The vets" however received n
brief ray Of hope when shortly after
wards Associate Justice Day in a
unanimous opinion sustained the dis
missal Of indictments brought under
the war inc prohibition act against
the Standard brewery of Baltimore
ana the American Brewing Company
OF New Orleans for manufacturing
2.f5 beer before the Volstcad act was
passed.
ONE RAY OF LIGHT.
In sustaining this action the court
held that Congress has the right to
determine what is intoxicating bcyor
ages, hut in view Of the fact that the
Volstcad act had not YET been passed
manufacture Of low alcoholic beer
was permissible under the wartime
prohibition act, providing it was not
Intoxicating
Following the rendering of today's
OPINION, Assistant Attorney. General
FrIerson, who has been in charge of
the prohihltion 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 massage last
Octo"cr rs of the Volstead act. The
names OF all persons violating the act
nave been obtained by the dcpart-
mcnt and rard-indcxed and prosecu
lions he said. would begin at once.
The opinion OF Justice Brandeis.
VINO also rendered the December Is
accession upholding the constitutional
lty or the war time prohibition act.
was sweeping and set ing forth that
implied war power over Intoxicating
liquors extends to the enactment OF
laws which will not merely prohibit
inc sale or Intoxicating liquors but
Will cfectually prevent their sale"
CONGRESS- POWER IS ADEQUATE
"Whatevcr 1t be for purposes OF M
tional defense" the Justice said 'or
TOT the purpose Of establishing post
offices and nost roads or for the Dur
pose Of regulating commerce among
the several States. Congress has the
power to make all laws necessary
and proper for carrying into eyecu-'
tion the duty so reposed in the FEEDER
al government.
Justice Brandcis also declared
that the war powers Of Congress pos
sess virtually the same authority as
that held by the States under their
police powers adding If. in its op1n
ION tho particular emergency de-
mards the immediate discontinuance
OF the traffic, Congress mus have
the power to require such discontinu
ancc."
a dissenting opinion concurred In
by tho other three associate justices
was rendered by Justice McReynolds
who took execution 10 the naioritu,a