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Show I FHUS 2,75 BEEH I IS DOOMED IMH I SUPREME DECISION I Court Divided 5 to 4 on Opin-I Opin-I ion Delivered by Justice I Brandeis IH UPHOLDS RIGHT TO I SUPPRESS LIQUORS i Dissenting Juror Declares That II j Government Has No Power II To Prohibit II WASHINGTON, Jan. 5. The l : supreme court today declared cou-j stitutional sections of the Yol- I! stead prohibition enforcement act II ; prohibiting the manufacture and I ' sale of "beer, wine or other in- II tosicating malt or vineous li-l li-l ' quors," containing one-half o one II per cent or more of alcohol. It : Beer containing 2.75 per cent of I alcohol is illegal under the war-I war-I time prohibition act, the supreme I court decided. I ; Dismissal Sustained. r Dismissal by the lower court in New York of injunction proceed- Iinsrs brought to restrain government govern-ment 'officials fsom interfering with Jacob R.nppert,i breA'.erin. ike manufacture of beer containing contain-ing approximately 2.75 per cent alcohol, but alleged to be non-intoxicating, was sustained. Associate Justice Brandeis, who rendered the opinion of the court, said the right of congress to suppress the liquor traffic was not an implied power, but a power expressly granted. The court divided, 5 to 4, Asso- cialc Justices Diry, Vandevcnter and McReynolds dissenting. Rights Arc Upheld. Under the war emergency congress con-gress has a right to stop immediately immedi-ately the sale of intoxicating liquor, li-quor, the court held. Justice McReynolds in a dissenting dis-senting opinion, said that the eighteenth amendment had not yet come into effect and that the federal government had no general gen-eral power to prohibit the manufacture manu-facture and sale of liquor. Justice McReynolds took the position that the war emergency - under which national prohibition 1 was made effective had passed. |