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Show END ARGUMENTS IN COURT ATTACK ON WARTIME ACT CHICAGO. Nov. 12. Federal Judges Carpenter and Fltzhenry announced tonight to-night at the conclusion of arguments In the double attack by Chicago and Peoria liquor ilrms on the wartime prohibition and enforcement net that they would take the case under advisement until Satur-dav. Satur-dav. An injunction is asked In both districts to restrain federal officials from Interfering Interfer-ing with the salo of whisky. A favorable decision without a stay, preventing sale of liquor until an appeal by the government govern-ment could be derided, would mean immediate im-mediate resumption of whisky sales in both ritntrfntii Judgo lxniis Fltalienry of Bloomingtou sat with Judge Carpenter. Attorney Levy Mayer of Chicago, counsel for Woolner & Companv of Peoria, and Hannah & Hogg of Chicago conducted the attack on prohibition, while Assistant District Attorneys At-torneys Frederick Dickinson of Chicago and C. B. Montgomery opposed the suit. The granting of an injunction by JuUe Brown in a similar case at Providence. R. T.. was reported to Attorney Mayer In a telegram and be mnde reference to it In his argument. He based his arguments on the following points: That wartime prohibition and the enforcement en-forcement act violated the tenth amendment amend-ment to the constitution by usurping the police powers of the states. That the enforcement act violates the fifth amendment, by depriving citizens of properly without due process of iaw or just compensation. That both acts are void because they were passed io meet an emergency that had passed, the war being over and President Presi-dent Wilson having vetoed the enforcement enforce-ment act. and. It was contended, had declared de-clared the army demobilized. "Many things were done by congress during the war which went by unchallenged," unchal-lenged," said Attorney Mayer. "Such things were conceded to be war measures, but now that day is past when such Justification Jus-tification is acceptable. The day of reckoning reck-oning is here. "The constitution was not suspended during the war. The powers of the United States to prohibit the sale of Intoxicating In-toxicating liquors lies with congress during dur-ing the period of the war. But the war is over. Congress now has no right to Interfere with the police powers of the states." Counsel proceeded to say that ten days after the president advised congress of the cessation or nosumies congress tacked on to the agricultural bill the wartime war-time prohibition measure prohibiting jhe sale for beverage purposes of any distilled spirits from June SO. 1919. until the president presi-dent proclaimed demobilisation ended, "for t'.ie purpose of conserving the man power of the nation and the increasing of efficiency In the production of arms, meats, ships, food and clothing for the army and navy." "This Is a palpable falsehood." declared Mr. Mayer, "and Is Indulged ID for the purpose of giving the color of legality in the exercise of war power." After reading a telegram informing him that Judge Brown had temporarily enjoined en-joined enforcement of prohibition, Mr. Maver said : "Is it necessary for the president to declare de-clare the army demobilized In letters three feet high? In his veto the president repeatedly re-peatedly mentioned the fact that the army had received orders to demobilise. I take It that veto of the enforcement act Is tantamount to a declaration of demobilization. de-mobilization. The court In Rhode Island Is apparently of the same opinion." Attornev Mayer argued that it was Intended In-tended when congrs passed the prohibition prohi-bition constitutional amendment, with the provision that it should be effective one year from date of passage, that liquor dealers were to have twelve months to dispose of their stocks. Such a provision provi-sion was defeated by the wartime acts. The assistant district attorneys argued that the suit w-as one In equity, requiring the government's consent to be sued, and thai no such consent had been sought or given. The prohibition acts were declared constitutional by Mr. Dickinson and that the liquor dealers sought lo enjoin the government offtrinlH from doing their duty In enforcing the criminal statutes. Mr. Dickinson declared It ridiculous to assume that the president's reference to demobilization in his veto was formal proclamation of demobilization. Mr. Dickinson Dick-inson said the presidents remarks on the passing of the wartime emergency for prohibition were "haphazard." "Would you say the president waa merelv making a haphazard statement?" asked' .T idc Carpenter. "I meant no criticism." Mr. Dickinson replied. "J referred merely to the legal significance of the statement." Mr Dickinson de.-'ared that the war waa not ended ; that the president's state-I state-I ments. and that even a statement of the war department that demobilization had! ended. If one were Ismed, would not constitute con-stitute a proclamation of peace. Hp palri l decree of poace la a fdrmni and deliberate delib-erate act, surrounded with dignity and detailed de-tailed solemnity." |