The Birmingham age-herald., 1920-01-06
DEGREES SUSTAINED

In rendering the opinion. the court sustained federal court decrees dismiss ing injunction proceedings to enjo1n federal authorities from preventing Jacob Ruppert a New York brewer. from manufacturing beer containing in excess of one-half of per cent alcohol, but which he alleged was non-intoxi- eating.
 The sswets,- however, received a
 brief ray of hope when shortly aft
 ward Associate Justice Day in an
 unanimous opinion sustained the
 dismissal of indictments brought
 under the wartime prohibition act
 against the Standard brewery of
 Baltimore, and the American Brew ~ ing company of Ncu Orleans. for
 manufacturing 2.75 beer before the
 volstead net was passed.
 Tn sustaining this action, the court held that Congress has the right to de- termine what is intoxicating beverages, but in view of the fact that the Vol stead act had not yet been passed, man. missible under the wartime prohibition act providing it was not intoxicating.
 TO BEGIN PROSECUTION
 Following the rendering of to-
 day's opinion, Assistant Attorney
 UCncfal IIcF8Uns WAO nus OCCM Ah
 charge of the prohibition cases in
 the supreme court, announced that
 the department of justice was ready
 to begin the prosecution of all per
 sons who have sold beer since the
 passage last October 2S of the Vol. {. stead 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 15 decision upholding the constitutiona1ity of the wartime act. was sweeping and setting forth that implied war power over in toxicating liquors extends to the enact ment of laws which will not merely pro- hibit the sale of intoxicating liquors, but will cffectualiy prevent their sale
 HAS FULL POWER
 Whether it be for purposes of national defence" the justice said, Tor for the purpose of establishing postoffices and postroads or for the purpose of regulating commerce among the several states. Con- gress has the power to make all laws nec- essa;y and proper for carrying into ex- equation, the duty so reposed in the fed eral government"
 Justice Bran6eis also declared that the war powers ot Congress possess virtually the same authority as that held by the states under their police powers, iaddin5' If, in it's opinion. the particular emerg- ency demands the immediate discontinu- ance of the traffic, Congress must have the power to require such discontinu- ance.'
 A dissenting opinion concurred in by the other three associate justices was ren- dered by Justice McReynolds, who took exceotjon to the naioritys views regard- ing the scope of the war powers1
 The minority declared the constitution should be nterpreted so that no part shouii suffer emasculation by any strained or unnatural construction, oy whicn the publ.c's rights may be jeopar- dzed.
 GOVERNMENTS BRIEFS FILED
 Briefs were filed today by the govern .nent and New Jersey authorities in con nection with the courts order to show cause why original proceedings invoivins the validity of the eighteenth amendment and provisions of the volstead act enecl- ing it's enforcement should not be brougn' by the state of Rhode Island and on be- half of the Retail Liquor Dealers asso- citation of New Jersey. A brief in suppor' of the New Jersey case was also pre- sented and arguments were made by t1 V. Abbott for the plaintiffs, and by Solici' tor General King and Attorney Genera Thomas r. McCran of New Jersey, in op- position.
 Arguments in the Rhode Island cas' were postponed until next Monday. Solicitor General King in his brief 1T the Rhode Island case denied the su preme court has Jurisdiction in the cast and asked for dismissal of the applica ((.nuffmued on Pare TWOl