Jasper County Democrat, Volume 22, Number 75, Rensselaer, Jasper County, 17 December 1919 — WARTIME DRY ACT UPHELD. [ARTICLE]

WARTIME DRY ACT UPHELD.

& S. Supreme Court Rules lplßst Appeal of Liquor Men. CORSRESS RETAINS POWER JuMA** Saya Government Do** Not Appropriate but Leaves •Exportation Open. Washington, D. C., Doc. 18.— The wartime prohibition act was held constitutional yesterday by the supreme oourt of the United State*. The deqfaMh of the court deciding appeals from Kentucky and New York involving the constitutionality of the act was read by Associate Justice Brandeis. _ Federal court decrees In Now York dismissing proceedings, brought by Dryfoos, Blum * Co., ‘to compel internal revenue officiate to permit the withdrawal from bond of whisky ter hooerage purposes, wbre affirmed by Rite court. The ludginbit of the court In both the Now York and Kentucky cases was unanimous. In deciding the questloA the supreme court also dissolved injunctions restraining revenue officials from Interfering with the removal from bond of about 70,000,000 gallons of whisgy valued at approximately $75,000,000 held by the Kentucky Distilleries and Wanehouse company -of Lofiisvllle. The signing of the armistice did pot abrogate the war powers of the congress, Associate Justice Brandeis said in reading the decision of the court. Justice Brandeis said that the government did not appropriate th* liquor by stopping its domestic sale, a* the way was left open for exporting it. 1 Justice Brandeis also called attention to the continued control of the rsilrowds and reaasumption of powers by--4h»-,.governm4nt relative to coal and sugar under war Mt* show that the government continues to exercise various war powers, despite the signing of grmlstice..The constitutional prohibition, amendment is binding on the fed--eral* government as well as the states and supersedes state laws, the court declared. Justice Brandeis said that there was no basis for the contention that President Wilson's statement in his message vetoing the prohibition enforcement act that the war had come to an end was a proclamation announcing the termination of the war. - In rendering it* opinion the court confined itself entirely to the wartime prohibition act and took no action on the so-called heer. cases | which attacked the constitutionality of prohibition enforcement act. Enforcement of the act must continue until peace is proclaimed, the court decreed. The decision was a sweeping victory for the contentions of the prohibitionists and the government. Because of the decision, the government will lose 14 40,000,000 In revenue from whisky alone unless the ban Is lifted before January 16.

Constitutionality of the wartime prohibition and the prohibition enforcement laws was attacked In the supreme court in three different appeals. One came from Kentucky, where the former statue was held Invalid, Two came from New York, where both acts were sustained. Besides the millions of dollars invested in brewery ahd distilling plants the decision affects approximately «0,000,000 gallons of whisky valued alone at between >IOO,000,000 and >200,000,000, according to internal revenue officials’ estimates. I'