Ogden Daily Standard | 1919-11-18 | Page 4 | Judge Carpenter Disagrees with Judge Brown

oo Judge Carpenter Disagrees With Judge Brown OHIOAO, Nov. 17 Referring to the national prohibition act, Judge Carpenter Car-penter in his decision toda said- "If the state of Kansas under its po lice power had the right to prohibit the manufacture and sale of ardent spirits so had carh one of the other forty-seven states In the union If all of the states had the right, granting that the federal government under the constitution while prosecuting the war was entitled to exercise police power necessary and proper for the efficient carrying on of the war, there is no reason why the central government could not provide against the manufacture manufac-ture and sale of Intoxicating liquors In all of the states, and that without compensation to the owners and deal er "I cannot agree with thp decision of Judge Brown in Rhode Island that the eighteenth amendment necessitates necessi-tates the declaring of the war and na tional prohibition acts unconstitutional. unconstitution-al. 'What congress has done is in the. Interest of public welfare and public morals If plaintiff, not entitled to I compensation, the prohibition laws be-1 ing valid, may sell and distribute their1 product among people of the country, J the damage to the general welfare hasj been done and never can be undone. If the action of congress was wise, and to we must assume it to be, believing l he prohibition acts to bo lawful, even were the question here involved doubt-ful, doubt-ful, we would have to resolve the doubt in the favor of tho go eminent " Attorney Maer. after the decision had been read, said . "I have never heard a better argument argu-ment on the side of the government in my experience a3 ocunsel for the liquor interests." The decision of Judge Carpenter today to-day in favor of the "drs" brings the total number of Judges who have favored favor-ed prohibition up to seven, while the liquor forces have gained but two decisions. de-cisions. Judge Fitz Henry, who concurred con-curred in Judge Carpenter's decision, and who will hand down his decision in Peoria tomorrow, will bring the dry total to eight.