Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1920-01-09
Beer Ban Upheld By Supreme Court.

The Supreme Court by majority Of one
vote on Monday last decreed that the
United States must be as bone dry under
wartime prohibition as a dry Congress
desires to make it.
Nearbeers. such as the 2.75 per cent.
product. cannot be sold now, the court
decided by a vote of S to 4. because Con-
gress has the right to define what bever-
ages are intoxicating, and the Volstead
law says that any drink containing more
than one-half Of one per cent. of alcohol
shall be deemed intoxicating liquor.
The decision upheld the Volstead law
and leaves the whole question of what is
intoxicating or what is not to Congress.
There lies the hope for fitting the lid in
the future, despite the fact that the de-
cision was another sweeping victory for
the prohibitionists.
The court declared that Congress alone,
az one of its powers, has the right to de-
termine legally what is intoxicating, and
John Barleycorn's friends have visions Of
electing Congress that will say anything
within not more than 80 per cent is in
toxicating.
The court gave a little encouragement,
but no liquor to the vets, in another de-
cision involving 2.75 beer By a unani-
nous vote IL held the Government ex-
ceeded its authority in preventing the sale
Of 2.75 beer between July I. when wartime
prohibition became effective. and October
%. 1919. when the Volstead act was
passed.
The reason was that Congress had not
then declared 2.75 beer or any other bev-
eraee containing more than one-half OF 1
per cent. Of alcohol intoxicating. In other
words. sale of 2.75 per cent. beer was
legal up until the passage Of the Volstead
law. and after that Illegal.
The beer that could have been sold then
cannot be sold now The only effect Of the
decision will be to relieve from prosecution
liquor dealers who sold AIS per cent.
beer during the first four months Of war
time prohibition. The decision was made
on appeals from Baltimore and New Or
leans Federal Courts by the Standard Brew
ing Company and the American Brewery.
respectively.
The decision upholding the Volstead law
came on appeal from the New York Fed
eral Court, instituted by Jacob Rupert, a
large brewery corporation.
The lineup Of the court was: For 2,75
beer. Justices Day. Van Devanter, Mickey
nolds and Clarke. Against, Chief Justice
White, Justices McKenna, Holmes, Pitney
and Brandies. who read the majority
opinion.
All through the two opinions the court
carefully avoided any statements that
would tend to show that its decisions were
to hold 2.75 beer Misunderstanding. 1t SIM
ply pointed out that Congress had the
power to declare what is intoxicating and
that therefore il did not become a matter
for the court to determine lust what amount
Of alcohol in a beverage brings it to the
intoxicating point.
Justice Brandeis In delivering the ma
jority opinion. declared that Congress had
the right under the Wartime Prohibition
act to take whatever steps deemed neces-
sary to conserve resources and suppress
the liquor traffic.
Otherwise we might have prohibition
Of intoxicating liquor without prevention
of its use" he said THE Volstead law
was not passed under an implied war
power, but under direct grant of author
ity. Congress had the power to pass War
time Prohibition and also has the power to
make 1t effective"
Brandeis then pointed out that the court
had held that some States had the power
to prevent the manufacture and sale of
all malt and vinous liquor. regardless of
their intoxicating qualities. and that there
fore Congress and the Federal Government
cannot be denied the same power.
Justice McReynolds. reading the mi
nority opinion. was bitter in his denuncia-
ton Of the majority, declaring their argu-
ment novel theory" He protested that
prevention Of the sale Of 2.75 per cent.
beer would not hasten the end of the war
and that food conservation was not now
necessary.
IF you say that Congress has this power
that the majority says ii has. it also has
the power to prevent the planting of wheat
and other crops, prevent fishing and, in
short control every branch Of human in
dustry." he said, declaring that the decis-
ion placed false interpret alton upon the
spirit Of the Constitution.
The decisions clean up the court dockets
as far as prohibition cases are concerned,
but attacks on constitutional prohibition
and the Volstead law enforcing il are
waiting at the door.
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