Salt Lake Tribune | 1919-11-21 | Page 4 | Wilson Stands Pat on Dry Law

WILSON STANDS PIT i! LI Holds to Wartime Prohibition Prohibi-tion Until Official Peace Comes. Supreme Court Hears Arguments Argu-ments in Test of Validity of Measure. WASHINGTON, Nov. 20. While the supremo court was hettrmR arguments todiij- on tho validity of the Wartime liroliibition act word went out from tho White House that President Wilson would not rescind the ''dry'' net until un-til peace formally had been declared. This was expected to Bet at rest tho ever-recurring rumors that tho "dry" ban would be lifted by the president irrespective of early ratification of tho treaty. Failure! of the seiatfl to act on the treaty ut tho extraordinary session ses-sion was regarded by many administration administra-tion officials as precluding the ending of the technical state of war much before be-fore the constitutional prohibition amendment become effective next Jan-uarv Jan-uarv lti. Should such prove the case, the only possibility of a "wet" Christmas would be for tho supremo court to declare de-clare tho wartime act unconstitutional. Arguments on the pending cases will bo concluded tomorrow, but as the court begins a recess Monday, no decision de-cision is expected until it reconvenes on December S. The right of congress to prohibit the manufacture and sale of intoxicating liquors was sharplv attacked and vigorously vigor-ously defended during the arguments. Elihu Root's Contention. Elihu Root and others contended that the wartime net and the Volstead enforcement measure not only violated the fifth constitutional amendment prohibiting the taking of property without just compensation, but were inoperative owing to tho cessation of hostilities and t he demobilization of the army, which were responsible tor their enactment. Solicitor General King and William L. i'rierson, assistant attorney general for the government, however, argued that a state of war still existed and that it was congress' intent to provide wartime prohibition until the peace treaty was ratified. The arguments, which will be concluded con-cluded tomorrow, were in appeals brought to tifi supreme court from Kentucky, where the wartime prohibi enee of the emergency, Justice Pitney remarked : "The enemy hasn't heard of our terms of peace as laid dowu by tho senate. ' ' "There is no controversy in the sen ate ns to the terms of peace, but over a collateral agreement among the associated asso-ciated natious and that only,'' hastily retorted Mr. Root. Levy M.iver of I'hicago, of counsel lor the Kentucky Distilleries & Ware house' company, and Walter I'. Noycs, counsel for New York denlors in suits involving the removal of distilled spirits from bonded warehouses, argued ar-gued that whisky was property and that the wartime prohibition act was confiscatory. Vliil the :ic may have been const itutional w hen enacted, the passing of the emergency, they coo tended, rend'-rcd it Invalid. Denials of these eontcntionl were made by Solicitor General King, who said the wartime prohibition net provides pro-vides oulv for a temporary suspension of sale. While conceding that demobilization demobi-lization had bnen completed, he said it wns necessary to keep the law in effect ef-fect until peace had been formally pro- tion act was declared unconstitutional, and from New York, where federal court decrees sustained both the wartime war-time and the enf orc'incut acts and dismissed injunction proceedings sought to enable Dryfoos, Blum A Co. to remove whisky from bond, and Jacob Support. I brewer, to manu faeture beet containing more than I one-half of one per cent alcohol. Denies U. S. Contentions. "We say congress has no authority lo prohibit the manufacture of non-intoxicating beverages," said Mr. Root, appearing in the Kuppert case, "we will go further and sav that it has no authority to intermeddle in the rnanu faeture of intoxicating liquors." Mr. Root said he totally denied the government's contentions that the acts were valid enactments under congress' war powers. "The declaration of war is not the emergency that brings into play tin-war tin-war powers of congress, " continued Mr. Root. "All the patriotic impulses of our people have been to give the widest latitude of power to the legislative legis-lative and executive branches of our government. Such great power was never exercised by any potentate. Mut it is not human nature to give up power and the deadliest peril of I free na tinn is the tendency of power to cn I croach upon the rights and liberties of I a free people. When power ii no I longer limited we are no longer free." I During a discussion as to the exist