Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-01-08
SUPREME COURT
BANS ITS BEER
Right of Congress to Define In
toxicating Liquors as Applied
to Wartime Prohibition Is
Upheld
A FIVE.TO.FOUR OPINION
Provision Of Nolstcad Act Prohibiting
Making and Selling of Beverages
Exceeding Half Of One Per Cent Al
cOhOa Declared Constitutional

Washington, Jan. 5-By n margin of
one vote the Supreme Court to-day up
held the right of Congress to define in
toxicatng liquors insofar as applied to
| wartime prohibition.
In n five-to-four opinion rendered by
Associate Justice Brandeis. the court sus
tanned the consttutionality of provisions
in the Volstead prohibition enforcement
act prohibiting the manufacture and sale
of beverages containing one-half of one
per cent or more of alcohol. Associate
Justices Day. Van Dcvanter, Mercy
nolds and Clarke dissented.
Validity of the federal prohibition con-
stitutional amendment and of portions of
| the Volstead act affecting it's enforce
ment was not involved in the proceedings.
but the opinion was regarded as so
sweeping as to leave little hope among
| wet" adherents."
| In rendering the opinion the court sus-
| taied federal court DEGREES Diminishing in
| junction proceedings to enjoin federal
authorities preventing Jacob RUPERT
New York brewer from manufacturing
beer containing in excess of one-half of
one per cent. but which he alleged was
Notwithstanding.
: The "wets" however, received brief
ray Of hope when shortly afterwards AS
sociate Justice Day in an unanimous opin-
ion sustained the dismissal of indictments
brought under the wartime prohibition
act against the Standard Brewery Of
Baltimore and the American Brewing
company of New Orleans for manufac-
turing 275 beer before the Nolstead act
was passed. In sustaining this action the
court held that Congress has the right
to determine what is intoxicating bever-
ages but in view of the fact the Volstead
act had not yet been passed, manufacture
Of low alcoholic beer was permissible I'M
der the wartime prohibition act provid-
ing it was not intoxicating.
Following the rendering of to-day's
opinion, Assistant Acknowledgement Frer-
son, who has been in charge OF the prohi-
biton cases in the Supreme Court, an
nounced that the department of justice
was ready to begin the prosecution OF all
persons who have sold beer since the
passage last October q of the Volstead
act. The names of all persons violating
the act have been obtained by the depart
ment and card indexed and prosecutions,
he said, would begin at once
| Briefs were filed to-day by the govern
ment and New Jersey authorities in con-
| necton with the courts order to show
cause why original proceedings involving
the validity of the 18th amendment and
| provisions of the Volstead act effecting
| its enforcement should not be brought
by the State of Rhode Island and on be-
half of the Retail Liquor Dealers assoc
citation of New Jersey. A brief in sup
port Of the New Jersey case also was
presented and arguments were made by
| L. V. Abbot. for the plaintiffs, and by
! Solicitor-General King and Attorney
General Thomas F. McCran Of New Jer-
sey in opposition. Arguments in the
Rhode Island case were postponed until
next Monday
THE decision is a sweeping victory for
prohibition" said Wayne B. Wheeler,
counsel for the Anti-Saloon League Of
America. ain principle it settles most of
the justifable questions that may arise
under the permanent prohibition code.
The dissenting opinion makes clear that
the objections stated therein do not apply
to prohibition under the 18th amendment"
| New York, Jan. 5.-Another fight for 2:75
per cent beer will be made before the
United States Supreme Court. according
to Emory r. Buckner, who was associated
with Elihu Root as counsel for Jacob
Rupert against whom the United States
Supreme Court decided to-day.
Mr.. Roots firm is counsel for Christian
Feigehspan, n New Jersey brewing cor
Iporation which is seeking to restrain en-
forcement of the eighteenth amendment
lin New Jersey. The bill of complaint in
the case says that 2.75 beer is not in
itoxicating and that "such fact has been
definitely determined and demonstrated
by experience"
THE question whether 90 beer can
be sold after the 18th amendment is effec-
tive must be decided In the future" said
Mr.. Buckner. "To-days decision affects
Its status only under wartime prohibition
To-day's decision relates only to the war
powers of Congress. When the amendment
is effective questions will be raised not
only as to the validity of its passage but
also whether or not Notwithstanding beer