New Britain Herald Newspaper, July 23, 1919, Page 9

e I0UOR DEALERS LOSE TEST CASE (Continued from First Page.) It the law be upheld over the objec-| Hons raised by the other grounds of wihe demurrer, these furnish reason why the law should be set bevond the powers of congress and unconstitu- tional” gpined that *“the prohibition of the sale of intoxicating liquor through the exercise of the set power to levy war is within the right of con- gress in the > of its discretion.” Court Dismisses Third Ground. * Judge Chatfield dismisses the third | ground of the demurrer that the war ltime prohibition law contravenes ar ticle 10 of the amendment to the con- stitution, declaring that congr had the power to enact this particula law, for the purpose of conserving food it is no objection to an exercise of that power to say that it thereby mccomplishes prohibition of the sale | of alcoholic liquors, which under other amendments of the constitution Is left to legislation by the particular states. In sustaining this position the court tited three precedents. The first, re | Kolleck (U. S. 526) related to a tax act for the raising of revenue which was upheld “‘although the effect of tf law was to prevent deception in the sale of oleomargarine for butter and glthough the prevention of this trafiic | was assured to be one of the object: of passing the law.” The second citation, that of McCray vs. the United States (195 U. 27) maintained that “the lawful power of congress . may not be judicially restrained because of the results which arise from its exercise or be- | cause that court questions the nln-i underlying the passage of the | Other Precedents Quoted. The third precedent, that of Ham- mer vs. Dagensart (247 U. S. 251 at Page 269) declared *‘the prohibition of the sale of intoxicating liquors “to | be a prerogative of congress similar lo that of declaring war f The second and fifth grounds of the demurrer are set aside on the basis of United States supreme court decisions holding also that as ‘‘a mat- ter of fact we are still at war with Austria and the army which has been ,conducting the war with Germany rnd Austria is not in fact demobil- tzed.” 4 Judge Chatfield further declared that the defendant's citation of the supreme court cases of ex parte Mul- ligan (Wallace Page 2) and Mitchell vs. Harmony (13 Howard 115 at Page 134) was not applicable because | “in those cases the question w whether the actual facts existing at the time were sufficient of themselves to show that the rule of the military forces should supercede that of the civil government and the power of zongress to inact a statute was not under consideration.” . “It may be assumed for the pur pose of argument,” said the court “that if the present law provided that war measures, should continue after | the conditions had ceased, power _would be vested in the court to de- dlare further exercise of the war power unconstitutional. But even this is insufficient to justify a hold- \ng by the court that the statute of November 21, 1918, has become of no effect by the conditions existing &t the present date. Quotes Postal Question. | “The Commercial Cable Co. vs. | and congre defendant | shot Burleson, et al, (226 Fed 99) and the cases of the Dakota Central pwone Co. against the State of South Dakota, Burleson vs. Dempsey, et al., | McCleod against the New ngland Telephone and Telegraph Co. and: the Northern Pacific Railroad Co. vs. North Dakota, decided by the su- preme court on June 3, 1919, are au- thorities for the proposition that vresent conditions do not constitute r state of peace so that government nuthority under a war measure has entirely ceased.” Judge Chatfield further observes: “The conditions which made it nec- essary to legislate with relation to the actual maintenance of war involved also the power to adjust the condi- tlons resulting from cessation of hos- fillties so that war may be terminated and peaceful occupations resumed without destructive effect from the exercise of the powers relating to the conduct of the war itself. “The satute of November 2 was expressly held Tele- | 1918, constitutional in this regard in the case of the Hoffman | Brewing Co. vs. McEligott, et al., in the district court of the southern dis- trjct of New York on the 17th of May, 1919, and this decision was aflirmed by the court of appeals of this circuit in that regard. Question At Issue. “The question under is not whether the war has the authority to enact martial law in this country because of war con- dilons prevailing here or to determine that®the civil courts and civil author- 4ties are not suflicient to protect sonal property rights and to the individual in the United The question is whether cong the power to continue measures and to enact legislation which shall continue the enforcement of such war measures until time as, in the discretion of congress t I me ure are no longer neces “As a matter of fact discretion for the termination of this lauw has been vested in the president after certain fixed conditions shall have pened Those conditions are within the pow- er of congress to describe and fine. It follows that the courts have ng right to interfere with the exercise ofihis discretion by congress or to tempt to sav that different condition shall have been imposed."” Replying to the fourth ground of demurrer, Judge Chatfield declared “the statement of this proposition is itsown answer, when we consider that the present law was adopted as a war measure and had no reference to the taking of to that prohibi#fon amend- ment itself. Emergency Near End. “The present war emergency may, protect States. ess: ha war such | ning ! well, | ach, onsiderati C deration | \:"ihe whole of the internal poison- department | per- | { the to de- | and we all hope will, be terminated in the near future,” continued the court. “This law but temporary in effect has the power by legis- lation until the war emergency shail have terminated to further legislate s0 as to terminate the effects of the present law, either by the enactment of a further prohibition statute or by defining th> alcoholic content of the prohibited liquors. “The present law valid just because it is a prohibition measure,” declared Judge Chatfield. “It was for the purpose of conserving manpower of the nation during the war and to increase efficiency in the production of arms, munitions, ships, food and clothing of the army and is is not to be held it { navy. Not & Revenuc Measure. “This law was passed not as an in- ternatal revenue measure but added to an appropriation bill for the department of agriculture war it be was) as a measure pure and simple. When shall have ceased conditions will for a time governed by the law as it was before the war and this condition will continue until further legislation or until the prohibition amendment takes effect. If that be within a few months it is because of the adoption of the amendment itself and this can in no way affect the provisions which congra ww fit to enact for the con- duct of the war in the meantime. Nor can congress he stopped from enact- ing a particular law by the fact that it has enacted even some contradictory measure to take effect in the future. It has been decided in the ca cited in Hijo vs. United States, 194 U. S. 315 at page 324 that in case of conflict between two acts of congress or between an act of congress and treaty that the last to be enacted must prevail. But'this does not mean the adoption of the federal prohibition amendment, the 18th amendment to the constitution does away with the Jaw previously existing and which has to do with the periods of time trans- piring hefore the 18th amendment goes into effect irely the magnitude of the pres- ent war emergency and the difficulty consequent upon the cessation of hos- tilities with the resumption of busi- ness under peace condition, present problems in the way of demobilization which are essentially war measures and with which congress has the right to control the activities of the army and {he circumstances surrounding the soldiers during the period of de- mobilization as well as to protect the rights of private citizens and the gaod order of the nation by the suppression of any traffic which will make the work of demobilization and the re- sumption of peaceful conditions dif- ficult or impossible. “The present statute, therefore, showing no assumption by congress of power not given ta congress under the constitution and presenting no attempt by congress to extend its proper ex- ercise of its right to legislate, by con- tinuing the effect of that legislation inta a period over which congress would not have the right to enact fur- ther legislation of the same sort the demurrer must be overruled and the ordered to appear hefors the court and to plead over ta the i dictment. TWO KILLED IN PISTOL DUEL. ngton, Ky., July 23.—William a constable, and Samuel Hill, a farmer, were killed in a pistol duel at Bear Wallow, Madison County, vesterday. Hill, while lying on the ground fatally wounded, fired the which resulted in the death of Lear several hours later. Hill died almost instantly. The tragedy is said to have resulted from the efforts of | Lear to keep Hill's stock from run- at large, Start Tomorrow and Keep It Up Every Morning Get In the hablt of drinking a glass of hot water before breakfast. | | | let's n live well, \We're not here long, our st agreeable, Let cat well, digest well, work well, sleep and look well. What a glorious condition to attain, and yet, how very easy it is if one will only adopt the morning inside bath. Eolks who are accustomed to feel dull and heavy when they arise, split- ting headache, stuffy from a cold, foul tongue, nasty breath, acid stom- can, instead, feel as fresh as a by openifig the sluices of the em each morning and flushing us ous E well, breakfa water stone stagnant eryone, whether ailing, hould, each morning, before drink a glass of real hot with a teaspoonful of lime- phosphate in it to wash from the stomach, liver and bowels the previous day's indigestible waste, sour bile and poisonous toxins; thus cleansing, sweetening and purifying entire alimentary canal before putting more food into the stomach. The action of hot water and limestone phosphate on an empty stomach is wonderfully invigorating. It cleans out all the sour fermentations, gases, waste and acidity and gives one a splendid appetite for preakfast. While you are enjoying your breakfast the water and phosphate is quietly ex- tracting a large volume of water from the blood ad getting ready for a thorough flushing of all the inside organs. The millions bothered with matter. sick or who are constipation, bilious spells, stomach trouble; others whc have sallow skins, blood disorders and sickly complexions are urged get a quarter pound of limestone phosphate from the drug store. This will cost very little, but is sufficient to make anyone a pronounced crank on the subject of inside-bathing be- fore breakfast. of people | ing | steamship of 4,1 + IYive steamers of 6,500 to 8,800 dead- monthly to | SHIPPING BOARD ARRANGES NEW TRADE ROUTE CIRCLING GLOBE Plans Completed Whereby Merchant Marine Turns From War Time to Peace Activities. w ir Washington, July [ reaching every 3.—Trade routes quarter of the globe have been established by the ship- ping board part of its program of converting the new American mer- chant marine fleet from war to peace | I3 work. The board had 829 weight announced today 5 ships of 4,248,9 tons operating in cargo line services and in general cargo and “tramp’™ service. This is exclusive of more than 2,500,000 tons still in service for the army and navy and in overseas civilian food relief wor Additional trade routes will be opened and more ships assigned for this purpose as tonnage becomes available. Regular general cargo liner services already established follow To South Ame New York to Argentine—Sixteen steamships of 5,000 to 9,600 dead- | weight tons, 10 to 12 knots, weekly |s sailings. Boston ships of that it dead- | regular | |n I's | k k k W to Argentine—Five steam- | IU 1,200 to 9,000 deadweight tons, 9 1-2 to 11 1-2 knots, sailings every three wecks. Mobile, Ala., fo Argentine—Two steamships of 5,075 and 6200 dead- weight tons, knots, bi-monthly sailings. New Orleans to steamships of 5,075 deadweight tons, 10 knots monthly sailings. Wilmington, N. (., to Argentine- Four steamships of 7,500 to 9,000 deadweight tons, 10 to 11 knots, sail- ings every ten days. Charleston, S. (., to Argentine—— Four st mships of 7,500 to 9,000 deadweight tons, 10 to 11 knots, sail- ings every ten days. Savannah, Ga., to Argentine—Four steamships of 7,500 to 9,000 dead- weight tons, 10 to 11 knots, sailings every ten days. Brunswick, Ga steamships of 7 weght tons, 10 every ten ys. Jacksonville, Fla., to Four steamships of 7,500 to 9,000 deadweight tons, 10 to 11 knots, sail- ings every ten days. New York to North at' Pernambuco, Maceo and Bahia- Two steamships of 5,075 deadweight tons each, 10 knots, sailings every six weeks. New York to Rio and & zil—Nine steamships of 5,0 deadweight tons, 10 sailings every ten days. New Orleans to Rio and Santos— One steamship of 5,075 tons, 10 knots, monthly sailings. Wilmington, N. C., to Rio and San- tos—Three steamships of 5,075 10 00 deadweight ton 10 to 11 knots, sallings every ten days. 1 Charleston, 8. C., to Rio and Santos —Three steamships of 5,075 to 7,500 | deadweight tons, 10 to 11 knots, sail- | 1 ings every ten days. Savannah, Ga., to Rio and Santos Three steamships of 5,075 to 7,500 deadweight tons, 10 to 11 knots, sail- ings every ten days. Brunswick, Ga., to Rio and Santos —Three steamships of 5,07 to 7,600 deadweight ton 10 to 11 knots, sail- ings every ten days. Jacksonville, Fla.; to Rio and Santos —Three steamships of 5,075 to 7,500 deadweight tons, 10 to 11 knots, sail- every ten days. ew York' to V I"ive steamships of deadweight tons, ly sailings. New Orleans 11 s w Argentine—Four | ir I o to Argentine—Four 00 to 9,000 dead- to 11 knots, sailings s! Argentine k s Brazil, calling a antos, Bra- 5 to 8,650 to 10 1-2 knots, B e s ir ki W w o Iparaiso, Chile— | 9 75 to 6,982 10 knots, fortnight- to Valparaiso—One deadweight tons, 9 . bi-monthly sailings. ¥Ypt and the Orient. New York to Egypt—Two steam- of 4,300 and 5,075 deadweight s, 10 1-2 knots, monthly sailings. York to Dutch Kast Indies— o a weight tons lings New York to Bombay and other In- dian Ports—Two stéamships of 7,500 deadwelght tons, cach, 10 1-2 and 11 1-2 knots, bi-monthly sailings. New York to West Africa—Three steamships of 6,200 to 8,800 dead- weight tons, 10 1 knots, monthly sailing: New York to South steamships of 6,100 and 7 weight tons, bi-monthly sailings. New York to Melbourne, Aust - Three steamships of 8,594 to 9,600 deadweight tons, 10 to 11 knots, | monthly sailings. | i | 10 to 111-2 knots, | d 13 i b s New York to China and Japan— Three steamships of 7,500 to 9,600 deadweight tons, 10 to 111-2 knots sailings every six weeks. san Francisco to China and Japan— Fifteen steamships of 8800 dead- weight tons, 10 to 12 knots, sailings every ten day San Francisco to Yokohama, Shanghai, Hongkong, Manila, pore, Caleutta and Two | steamships ‘of 8,800 deadweight tons, 11 knots, monthly sailings (other ships to be added to service.) To Kurope. to London—Six el Kobe, York steam- DEVELOPING and PRINTING Bring or send us your vacation printed Great satisfaction ana work with your camera. Therefore only the best attention, as our success lies in work. We use the Eastman Meth the best results possible. 30 CHURCH ST, | T B S R O O B S tons, sailings. steamships tons, sailings every ten ships of tons, tons, 9 1- ings. | notifiea | steamships of | weight tons, tons, sailings. tons, sailings. weight tons, 10 and 11 knots, sailings knots, weight knots, | weight weight ships of 8,800 deadweight tons, steamship of steamships of steamships of enburg—Five steamshi fortnightly sailings. Ports—Two 3,280 deadwelght tons, Two sailings. Two steamships of sailings. Ports—Two monthly sailngs. Ports—Two steamships of monthly sailings. . B late today at Arlington, Staten Island. The ship named after the Connecticut | H. pleasure Give us a trial and we will convince you. The Miller-Hanson Drug Co. hips of 9,600 to 10 1-2 to deadweight fortnightly 11,800 14 knots, | London—Three } to 9,000 dead- 11 knots, sail- Philadelphia to of 6,430 101 to three weeks. Baltimore to London—-Two steam- hips of 8,800 and 9.100 deadweight 10 knots ,monthly sailings. orfolk to London—One steamship 500 deadweight tons, 10 knots, | weeks. | York to Liverpool—Six steam- )00 deadweight | knots, fortnight- eight tons, ngs every f New 01 sa Boston to Liverpool—Two | hips of 3,500 and 4,200 deadweight | and 10 knots, monthly sail- | steam- | Five dead- fort- Philadelphia to Liverpool— 00 to 10,600 10 to 11 1-2 knots, ightly sailings. Baltimore to Liverpool—One steam- hip of 8800 deadweight tons, 11 1-2 nots, bi-monthly sailings Norfolk to Liverpool—One hip of 8,595 deadweight tons, nots, sailings every ten weeks. Galveston to Liverpool-—One steam- hip of 9,410 deadweight tons, 10 1-2 nots, bi-monthly sailings. New York to Glasgow- teamships of 7,000 to 8 10 1-2 steam- 11 Three | dead- | eight tons, to 11 1-2 knots, nonthly sailings. | New York to Havre—Four steam- | hips of 6,850 to 9,600 deadweight | 91-2 to 11 knots, fortnightly Bordeaux—Three to 8,800 dead- tons, 10 1-2 to knots, sail- 1gs every three weeks. Boston to Bordeaux hips of §,568 and 9,600 11 and 111-2 New York to teamships of 7,400 eight 11 Two steam- deadweight knots, monthly Bordeaux-—One steam- deadweight tons, 11 nots, sailings every nine weeks. New York to Marseilles—Two teamships of 7,467 and 9,600 dead- monthly Baltmore to hip of %800 New York to Genoa—One steamship £ deadweight tons, 10 knots, | ailings every ten weeks. Baltimore to Genoa—One steam- hip of 8,660 deadweight tons, 10 sailings every ten weeks. i ew York to Grecian Ports- teamships of 6,800 tons each, nots, monthly sailings. New York to Spain- hips, one 9,000 and one tons, 10 1-2 and 11 knots, and | smaller vessel. Monthly sailings New York to Danzig—One steam hip of 5,075 deadweight tons, 10 1-2 bi-monthly sailings. New York to Coustantinople—Two teamships of 7,300 and 9,600 dead- tons, 111-2 knots g very six weeks. New York teamships of 7,500 tons, 10 to ten day to Antwerp—Two Two | 10 1-2 Three steam- 5,875 dead- Antwerp—s to 9,000 dead- 11 1-2 knots, sail- to ngs every Boston steam- each sailings. Antwerp—One deadweight tons, 0 1-2 knots, bi-monthly sailings. Baltmore to Antwerp—One steam- hip of 9,027 deadweight tons, 10 (-2 | sailings. | Rotterdam—Ten | 5,000 to 11,500 dead- | veight tons, 10 to 12 knots, weekly lings. | Philadelphia to Rotterdam—Two 00 and 9,360 dead- and 111-2 Kknots, 0 1-2 knots, monthly Philadelphia to 18,554 bi-monthly York to nots, New veight tons, 11 ponthly sailings. New York to Copenhagen and Goth- s of 3,700 to ,000 deadwelight tons, 9 to 11 knots, To West Indies. Wilmington, N. C., to West Indian steamships of 3,100 and 10 knots, bi- 1onthly sailngs. Charleston to West Indian Ports- steamships of 3,100 and 3,280 eadweight tons, 10 knots, bi-monthly to West Indian Ports— 3,100 and 3,280 eadweight tons, 10 knots, bi-monthly Savannah West Indian 3,100 and knots, bi- Brunswick, Ga., to steamships of 2 ght ton 10 80 deadwe West Indian 3,100 and 10 knots, bi- Jacksonville, Fla., to ,280 deadweight tons, “WATERBURY"” IS LAUNCHED New York, July 23.—The “Water- ury,” one of ten vessels huilt for the Shipping Board by the Downey hipbuilding Corp. will be launched ty will be sponsored 1 John | Jouett of Waterbur; Mrs. CASTORIA For Infants and Children In Use For Over 30 Years 7 = Always bears the Signature of films to be developed and comes from successful prepared to give you the quality of our od and Velox Paper, giving you we are NEW BRITAIN, CONN. | at LONERGAN V;'ANTS BENEFIT EXTENDED Advocates Insurance for Dependents | have been sojourning in of Those Who Dicd En Route Camp. Herald.) July (Special to Washington, D. « Bressman Lonergan yesterda) peared before a sub-committee of the house committee on interstate and foreign commerce behalf of 1 amendment to the risk insurance Con- ap- in war to city | of law by which a widow and dependents | of men who were accepted for ice by draft boards and who quently died en route to camp being actually sworn into the would receive compensation. Mr. Lonergan pointed out adjutant general's office and vost marshal’s office during ruled t a man was in the service after he haa been by his draft board had been” accepted finally prepare (o entrain. 'The congressman stated the law should be sufficient hut that long as the bureau had ruled adver Iy an amendment w in order A Hartford case that of Mrs. George IS Brayton was cited. Her husband died the Peninsula General hospital while en route to Fort Monroe from the Thompsonviile, Conn., board Congressman Burton Sweet of lowa, chairman of the sub-committee be- fore which Mr. Lonergan appeared, is in a t with the congressman’s views and will be reported either the present session or the regular s of subse- before re that the the military pro- that and he on the late early cong during during ss. NO Liverpool, MINT Y July The strike among the dockers, which broke here early this week, has resulted bringing about chaos in the arrang ments for handling more than 200 ships at this port, their sailings being celled or indefinitely postponed There were no prospects today of any peedy settlement TL out in If you have a friend suffering with eczema or other itching, burning eruption, what greater kindness could you do him than to say: “Why don't you try Resinol ? I know you have experimented with a dozen treatments, but I believe Resinol is dzfferent. 1t does not claim to be a ‘cure-all’ —simply a soothing, healing ointment, free from all harsh drugs, that physicians prescribe widely in just such cases asyours. Do get a jag today ! Resinol Ointment is sold by all druggists, | ervice, | the i war | formally | to present Connecticut | bill | ' Mrs. Jackson and Miss SMayt bending a two weeks vl Norfolk. 4 Miss M Kelly are catian at Mr. and 2 5] who | Berk- ! home Murray, the shires, have to the this city. returned ir enue > Money EWork | iy Summer | “M"D‘Efll'w" i Make Eas Tasty x_)’ James Riley of the National bank is EMC:;"lg cal vacation. 3 Tongue Hicke | Sold at al’ dood stores Ham Solsnt OtloStahls 2332-3%Ave NY Charles Miller of Hartford who has been spending several Philadelphia, has returned to at thi Martin Horwitz and Radcliffe Smith this city will leave tomorrow for lake Winnepesaukee H., wherc they will spend a two weeks' vaca- tion. The trip will be made by auto Station Officer Herbert Lyon return ed to duty today after a two weeks leave of absence l Thomas Meskill weeks' vacation, spending a two on a Alice and Cecilia Mary McAvay and Grace Conlin spend the month of August at Indian | Neck ! Misses Twig 5 Lillian Pleasa Westerly, jsat nt REED JEWELRY CO. 238 MAIN STREET LOOK! LOOK! Our second 99c sale came to an end last Satur- day night and the customers having made the largest purchases during the sale received six choice articles, The following are the lucky customers. 1st—Mary Wineheart, 36 Olive Street, city, $50 Diamond Ring. 2nd—J. Winkle, 54 Camp Street, city, $35 Gold Watch. 3rd—Frank Dooy, Plainville, Silver. 4th—Mrs. Frank Anderson, city, 4 piece Tea set. 5th—Frank Makowsky, 264 Clark Street, Toilet set. 6th—Mrs. F. Scott, Bristol, Ct., Lady’s Tiffany Ring. We carry a complete stock of diamonds, watches, silverware, cut glass, etc. REED JEWELRY (0. 238 Main St. Branch Store, 296 Asylum St. Hartford 26 pieces Rogers 102 Rockwell Ave., city, C AMELS are & delightful to your taste as they are new. And, so satisfying that they meet every cigarette desire you ever have had. Camels are sold everywhere in scientifically sealed packages of 20 cigarettes, or ten pack- ages (200 cigarettes) in a glassine-paper-cov- ered carton. We strongly recommend this carton for the home or office supply or when you travel. 18 cents a package Camels are unusual; in fact they’re un- like any cigarette you ever smoked. That’s because they’re an expert blend of choice Turkish and choice Domestic tobacco, producing a quality that meets your taste as no other cigarette ever did. Camels’ expert blend gives that mellow- mild-body and frees the cigarettes from any unpleasant cigaretty aftertaste or any unpleasant cigaretty odor. You can smoke Camels as liberally as you like without tiring your taste. You have only to get personally acquainted with the expert Camel blend to know that you prefer it to either kind of tobacco smoked straight! For your own satisfaction compare Camels with any cigarette in the world at any price! R. J. REYNOLDS TOBACCO CO., Winston-Salem, N. C.