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Show COURT CONCLUDES ARGUMENTS ON LAW'S VALIDITY WASHINGTON. Nov. 21. The validity of the war-time prohibition law and the Volstead act for its enforcement was put squarely before the supreme court today with the closing arguments attacking and defending both measures. There was no intimation as to when an opinion might be rendered, but, owing to the importance impor-tance of the issue, early determination was considered probable. After rendering opinions Monday the court will recess until December 8, so it is not likely the cases will b decided before be-fore that time. National constitutional prohibition becomes effective January 16, and if an opinion is not rendered by that date. It would make no difference what the court decided, as the country then would have passed through the war-time prohibition period. Arguments today were confined entirely en-tirely to the appeal by Jucoh Ruppert, a New York brewer, from dismissal of proceedings pro-ceedings brought to prevent federal revenue reve-nue officers from interfering with the manufacture of beer containing more than one-half of 1 per cent alcohol. Ellhu Root, counsel for Ruppert, charged prohibition advocates In congress with taking advantage ad-vantage of the "year of grace" allowed by the constitutional amendment, and which he said came 'very near" being a contract between the congress and the states and with having "heckled and harried" the liquor interests while Attempting At-tempting to shove forward national prohibition prohi-bition a few months under the pretext of the war emergency. Mr. Root also deplored de-plored the granting of unlimited power to the federal government. In attacking the validity of war-time prohibition act, William D. Guthrie, ap- pearing also for Ruppert. asserted the "mere fact that some American troops were still abroad did not expand or increase in-crease the powers of congress." and that the act was obsolete as demobilisation had been completed and the war ended. Mr. Guthrie declared congress, in the eighteenth amendment or in the war-time prohibition act, did not see fit to use the term 'alcoholic liquors," which would prohibit pro-hibit the use of any alcoholic beverage, while the Volstead act "attempts to change the standard" by the Insertion by congress of a provision making it apply to beverages containing more than one-half one-half of 1 per cent alcohol. Both Solicitor General King and Assistant As-sistant Attorney General Frierson made closing statements for the government in which they denied the contentions of their opponents. In resuming his argument today before the court .Klihu Root, appearing for Jacob Ja-cob Ruppert. .low York brewer. Hgain attacked at-tacked both acts as a violation of the fed- rul constitution and a usurpation of power by congress. Mr. Root told the court that Mr. Ruppert Rup-pert and members of the brewers' association asso-ciation had more than $1,000,000 worth of beer made under authority of the Lever act and before the Volstead act was enacted en-acted which they were now unable to sell. "The court cannot close its eyes to the facts made known to all the world by the highest evidence in this matter." said Mr. Root, "and not determine whether by those facts, congress has the constitutional constitu-tional right to override the rights of the states given by the tenth amendment.' Arguing that congress had no authority to go out Into tfie country after the war Is over and where soldiers have been merged into tho civil life, and "override the laws of tho state." Mr. Root asked, "Where hto you to draw the line If you are to step over the line of absolute necessity ne-cessity Into space? If it Is to be within the coni potency of congress to regulate the districts been use they are permeated permeat-ed by federal officials, then there is no limit to tho authority of congress." Root's Contention. By' permitting the liquor Interests one year to dibposo of tho stocks and adjust their affairs. Mr. Root said the eighteenth constitutional amendment came very "near being a contract." This "year of grace." he added, "was allowed by con-wrk con-wrk flHgrunt and the demnnds for the highest exercise of power was at its helKM." "But when this war is over, this Volstead Vol-stead act takes awav this time of grace." said Mr. Root, adding that oven during this specified period, tho liquor interests "hnve be mi heck'ed and harried by statutes stat-utes for tho purpose of advancing prohibition prohi-bition for a few months hefore tho constitution"! con-stitution"! amendment was to take effect." ef-fect." "God grant." he concluded, "that iho constitution mttv remain effective for tho Imposition of limits on that official power which, if not limited bv the courts, will destroy liberty ws effectively as German Ger-man autocracy has done." "Tho foot remains," Assistant Attornev ilenornl Kriorson snid. following Mr. Root, "that we mo ItMlty in a state of wnr nnd tho solemn duty rests on congress to keep the country prepared to moot any Complication that may n rise before the conclusion of peace. " Iliive we unv troops abroad now"" Mktd 1'hlof .lustlee White. "Ye.." "ny what authority! aakM the chief lustlee. "Be'ause the war has not vet onur.l. Mid Mr Krlel'son. Hepl Ina to an Inquiry hy .lust Ice Day, fYlOraOQ Mil 1.1 thO OXohangO Of th. ratification ratifi-cation of pane, was the test lor the and" in of the war. "If tliut Is the test, why Is It in some hoik and not In others."' nskeil Justice Day, Mr. lerlorton conceded it was omitted in the prohibition act. "Tour oantentlon. then. I. thai iy in- tent H w" thai act"-' the Jus- tioo again Mked, to which Mr. Piieraon I mA. |
