Salt Lake Herald-Republican | 1919-08-03 | Page 17 | Root Tells Brewers 'Dry' Bill is Void

ROOT TELLS B III IS VOlD Congress Under Constitutional Constitutional Constitutional Law Lav Has No Express Power to Prohibit Manufacture Manufacture Manu Manu- facture and Sale of Beer D By Associated Press ASHING ASHINGTON ON Aug 2 The 2 The war W WASHINGTON I prohibition enforcement bill recently re recently ro- ro passed b by the Ho House so and now pending e C. C a Il Senate commission is Il nal ti according to an opinion by Elihu Root William D. D Guthrie Guthric and William L. L Marbury counsel coun coun- set sel for the United States Brewers Brewers' association made malic public today This opinion holds that until the eighteenth amendment becomes ef effective e- e ef- ef on January 16 16 1 1920 O Congress under well settled rules of ot constitutional I law has no rio express power to prohibit the manufacture and sale of or beer whether or not Intoxicating There is now ItOW no valid reason for tor the wartime prohibition act the lawyers lawers declare decaro and there is no eVl evidence ence they added to support the tho Claim taim that the propos proposed enforcement measure is 11 necessary necessary necessary essary or proper to conserve the nations nation's nations nation's nations nation's na na- na- na tion's food supply Submit e Exhaustive Document rime Tho opinion an exhaustive document dealing with all legal leal phases of ot tho the question was sent to Christian W. W Feigenspan president of the tho brewers brewers' association Tho The lawyers contended that while District Judge Hann and arid tho the New York circuit court of ot appeals appeal had held the time wartime act constitutional constitutional the decision would n not t apply to pending legislation Conditions thc tho they said In this connection connection connection con con- have meantime materially changed during the eight months since November 21 l the date of ot tho the bills bill's passage the President declared on May 1 1 20 that it seemed to him entirely entire entire- ly II safe safo to remove the ban on wines vines and beers been ho lie reiterated on July 10 In his address to the thc Senate that the tho war had ended last November the de demobilization demobilization de- de mobilization of the arm army and navy la Is progress progressing Ins and arid will shortly be bo completed comp com coin p war necessity or emergency has practically ceased to exist and pera per per- a sonam onal ana aima commercial relations with Germany hav c been permitted to bo be re resumed re- re and are being beIng- conducted 27 Intoxicating Taking up two and three-quarters three per cent beer the attorneys contend It has been established by competent evl evidence l nce that such beverage Is not intoxicating In Intoxicating In- In and that it is immaterial that Congress for years rears taxed fermen fermented fer men tell liquors containing more than one half of ot 1 I per cent alcohol as tIll this basis was adopted solely for taxation purposes and arid quite irrespective of ot the I intoxicating Intoxicating- quality o of oC tho the liquor tax taxed d ed edIf If Ie therefore a according to Its proper construction the time opinion continues the time act of ot Congress of ot November No 21 l does docs not prohibit the time manufacture andale and sale ale of oC beer proposed proposed pro pru- posed enactment extending the tho prohibition prohibition prohibition tion of liquors would as ali to transactions transactions' prior to Its Hs passage be In our opinion unconstitutional and void because of ot the letter and spirit of the tho mandate in section 9 article 1 of oC the constitution of the tho United States that n no no ex cx post facto lacto law a w shall be passed b by Congress Tho llio amendment in the House HoUbe of or I II I I section 1 of the d bill b by In InI Inserting Inserting In- In I the word hereafter before the word construed was probably y for forthe tho the purpose of oC avoiding this constitutional constitutional point but it would woul permit ono one no I construction of or tho the same term as to lo acts done prior to its passage and a I different and arid broader construction as asto asto asto I to acts lone done afterward But the enactment enactment enact enact- ment mont tends to establish that tho the true intent was vas to enact practically new legislation beyond the tho scope of ot the existing enactments