Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-01-06
HOLDS CONGRESS
IS WITHIN RIGHTS
Highest Tribunal Declares Body
Has Power to Define Intoxi-
eating Liquors.
COURT STANDS FIVE TO FOUR
Validity of Federal Prohibition
Amendment Is Not Passed
On in Decision.
COURT STANDS FIVE TO FOUR
H. A.-oc,a,nd rrn-s ,

~ Associated rre-sl
WASHINGTON. Jan. 5.--By margin
Of one vote tho Supreme Court today
upheld the right Of Congress TO define
intoxicating liquors. in so far as ap-
piled TO wartime prohibition.
In 5-to-i opinion rendered by AS
'ociatc Justice Brandcis. the court sus-
taincd the constitutionality OF pro-
visions in the Nolstead prohibition en-
rorccmcnt act prohibiting the manu-
facture and sale OF beverages contain
ing one-half OF per cen, or more OF
alcohol Associate Justices Day Van
bevantcr. Mciicynolds and Clark dis
sented.
Validity OF the Federal prohibition
constitutional amcndmeni aud portions
OF the Ncistead act affecting its en-
forccment WAS not involved ia the BRO
cccdings, but tho opinion WAS regarded
as so sweeping as TO leave little hope
among wet" adhcrcnts.
Calls 1t Sweeping Victory.
Wayne b. Wheeler. general counsel
Tor the An;-Saloon League of America,
nailed II us "A sweeping victory" and
in statement tonight he said the on V
prohibition question left open by he
court now is whether tho eighteen; n
amendment Is of a nature. that can lie
considered rs Federal amendment. :.
ana whether IT Mas properly adopted.
In rendering the opinion the court
sustained Federal court dccrccs dis
missing Injunction proceedings 20 en-
Join Fcdcrai authorities from prevent
ing Jacob Ruppcrt, New York brewer
from manufacturing beer containing
IN excess OF onc-haif OF per cent.
hut which he alleged was noulu:oA!-
eating.
The vets however, received a
brief ray OF hope when shortly after
wards Associate Justice Day. in 4
unanimous opinion. sustained tho dis
nissai of indictments brought under
',he war-uni1 prohibition act against
INC, standard Brewery. OF Baltt:nore,
NJ Am IL, n ~, 4
OF New Orleans. for manufacturing 80 ]
beer before tho Nolsiead act was
passed.
One Itay OF Light.
In sustaining this action the court
held that Congress has the right 10
determine what is intoxicating bever
ages, but in view of the fact tina. the
vois;ead act had not yet been passed.
manufacture OF low alcoholic beer VAS
permissible under the wartime p7oni-
h,t,on act, providing IL was not in
tuSlcains.
Following the rendering OF today's
opinion, Assistant Attorney Genc-ai
Frierson, who has been in charge Of
the prohibition cases In the Supreme
Court &nnounccd that the Department
of Justice was ready 10 begin the
prosecution OF all persons VINO have
sold beer since tho passage last october
IS OF the Nolstead act. The names Of
all persons violating the act have accn
obtained by the department and card
would begin at once.
The opinion OF Justice Brandcis, who
also rendered the December ID deci-
the war time promotion act. was
sweeping and setting forth that I'M
piled war power over Intoxicating
liquors cxtcnus 10 the enactment OF
awe whicn VIII not mercy prohibit
me sac OF intoxicating liquors. but
@ili efectuaily prevent their sale"
Congress- Power - Adequate
"wheener It pe for purposes OF ma
t!ona defense" the justice said. "cr
or the purpose OF establishing post
offices and post-roads or for the pur-
pose of regulating commerce among
the soyerai states, Congress has the
power TO make all laws necessary
and proper for carrying into execu-
tion' the duty so rcposcd in the Fed
crai government.
Justice Brandc!s also declared that
the war powers OF Congress possess
virtually the same authority as that
held by the states under their police
powers, adding If, In its opinion, the
mediate discontinuancc OF the trafilc.
Congress must have the power to re-
9uire such discontinuance.
A dissenting opinion concuTrcd in oy
the other three associate justices was
rendered by Justice McRcynoids, who
took exception 10 the majority's view
The minority declared the Constitu-
'ion should be interpreted so that no
part should suffer emascuiation by
ifon" by which the public's rights may
DC jcopa ardized.
File nricfs In New Jersey Cnse.
Briefs were filed today by the gov
ernment and New Jersey authorities
in connection with the courts order to
show cause why original proceedings
involving the, invalidity of the eigh-
teenth amendment and provisions OF
the Volstead act effecting its enforce
ment should not be brought by the
state OF Rhode Island and on behalf
Of the Retail Liquor Dealers Associa
tion Of New Jersey. \ brief in sup
presented and arguments We're made
by f. ". Abbott for the plaintiffs and
ney-General Thomas. OF the McCran
of New Jersey, in opposition ArGu-
ments in the Rhode Island case were
Solicitor General King, in his brief
in the Rhode Island case. deniea rhn
Supreme Court has jurisdiction in the
nsi ana asisa s aso fGr S,misSa Of Rs
questions invo:ved were political.
Question Is Governmental.
AN questions" the brief said. "as TO
,Tfana, Tfhat Constitution Constitute or constitu-
as to what Constitution shall be-
adopted. or ip what respects an exist
governmental and political. The uiti-
mate forum provided by tho Consfi,u
tion. for their. determination consists
3f the Legislatures OF the various
OF Rhode Island had tho right to make
its Tight against the adoption OF the
ss,snteonth sss amendment by bringing to
near Such influence as II cou'd unon
INC Leslslatures OF it's sister states.
MT from the decision OF three fourths
! 4 those States upon this question OF
poitcy thore was no appeal"
In seeking TO bring the suit. tho
(COntinlc1 \