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ae of seven montha and nine Gaye while’ new Pribibition legislation, put which Slo that thar the then existing re- sposed of free from pron initio: restriction imposed by the Fed- “The Eighteenth Amendmen ‘until its implications; if any, is bindi times of peace, but in * Furthermore, the amendment upon the United } the individual States. guarantees a year of immunity from Federal Govern- imposed by the wurtime m Act was removed. Government. Thereafter, ‘the ond of the war and the termina- of mobilization, it permits an un- Testricted = male export, and, | states an within the United States, sales for other than beverage AMPLE TIME interference ment with the iquor traMfc, * it is difficult to see why the guaranty does not extend also purposes, GIVEN FOR DIS- POSAL OF STOCKS. “The uncompensated restriction ‘Wpon the disposition of liquors im- posed by this act lesa severe than ¢ the use of property acquired before the enactment of the Prohibitory Law, which were held to be permissible in cases arising under the fourteenth amenémont. from interference by with like results also as to tho| existing State legislaion. The conten- ton fs clearly unsound. Prohibition Imposed by the expire by limitation before commencement of these sulla? * ¢ © It is contended both that the war haa been concluded and that the demobill zation has terminated. AS TO THE OFFICIAL TERMINA- TION OF THE WAR. the abbence of apecifie provi to the contrary, the perlod o war has been held to extend to the|and industry throughout the country (but Bvt! ramification of the Treaty of Poace ts nd ea the individual of @ nature far restrictions on “The question whether an absolute) , Prohibition of sale vould be applied)” «tt, @ State to liquor acquired before! signg @nactment of the prohibitory law has been raived by this court, Qnswered, because unnecessary to a] or the proclamation of pawe. decision, but no reason appears why) the fact that other statutes concern- . : Mate patuls, which pontponon itel ing wer aetitiiles contain anon a apes Fuel Directors continued to exercise those engiged in the business to dis-! jt shall cease to be operative, ai pote of stocks on hand at the date af from the alleged absence of such a ita enactmen' Aoxlous to the Fifth Amendment. “We cannot months and nine reasonable time within which to u irehouses on Noy. 21, 1918. in storage was ma- i's was nota amount ther terially less than wi complete victory of war jotivities; the declared purpose of the act « liquors remaining in Wer of the na- 21, 1918, were not yet sufficiently ed ur ‘aged to permit them jeously disposed of iod of seven months and nine days thereafter, ‘conserving the man tion and to Increase production of arma, munitions, thin the lim’ table to the inher+ th f property in the constitu- PRESIDENT'S VETO. “Did the act become vold by the passing of the war, emergency before the commencement of these suits? Tt te conceded that the mere cossa- tion of hostilities under the armstice | aenate, At Versaillos of elxewhere by German and American representatives, since|three duys a week, bexan operations by the Conatitution a treaty is only|on full tin Approved by the was expected of the war would|been sunulled to conserve fuel was tion of demodiliza did not abridge or suspend the power of Congress to resort to prohibition Iprecode th of the liquor traffic as a means Of ton, ur war efficiency: that ind care of the army |"!'XEO ONLY BY PROCLAMATION that the conclu: me egupoort OF THE PRESIDENT. “Congreas, therefore, passed. | the time when the act ce the foperative ehould be fixed b; Cent's axcertuining and proclaim ite when demodilization ‘end'favy during demobilization waa within the war omerguncy: and that provided (hit] Keon start Jbence the act was valid when ‘Phe contention is that between date of its enactment and the com- ose sults it had be- come cvident (hut hostilities would | terminated, that demobilization mencement of | is insisted that he has done that thereby the] 9..The contention dvew violence to ed and|both the language and the evident purpone of the provision. : the President mentioned in his veto establish that the emengency|™Messago the ‘demobilization of the ‘ot| Army and Navy,’ tive| doubtless used in a popular. sen: are adduced, some of them|Just as he had declared to Congress ‘of the|0D the occasion of the signing of * * © But|the armistice: ‘The war thus comes the fact that sinc statements were made thése acts were done, Congress, on 1919, passed over the Presi- veto the National Prohibition * © © that 19,. 1919 refused to ratify the treaty of poace with Germany; that ler the provisions of the Lever! purpom of Congress be attained; and sortainty bovoueisted, ut in {ack dee Pa in| cortatn' obviated. But, in fact de- ea en ae vein | mobilization had not terminated at the time of the veto of the act of Ont, or at the time these aulta or! en ahd for tht that ae | towing order: (1) Inland and coast- MEXICANS FREE HUGO; LANSING ACTS PROMPTLY Nidnapped American 1s Released Without Payment of $10,000 Ransom Demanded. not be resumed nad been effected: ‘war omorgency was remov: ‘hen tho eme! ‘became vol ‘iad ceased tho bas passed, statements and the words were resident and of other execut the enactment ite here in question. ion upon the sale ich procinmation could the we resumed on Oct, 30, 1919, UI i operating the railroads, of whi rol had ben taken it to the Act-of March 14, 1819 continues to control by means of Food Administartion Grain Cor- the supply of grain and © six months of the powers Food Administration; that as 6 still keeps a of the army in enomy occupied ¥ ‘and another part in Siberia;|G. Hugo of El Paso, manager of the who had held him for $10,000 ransom, according to advices received here to- day. No ransom money was paid, Several prominent Mexicans with Hugo in the recent raid on Mi) quia and held for $5.000 ransom each, were released without payment of any money, hin advices stated. WASHINGTON, Dee. 15.--The Amort+ can Embassy at Mexico*City was di- rected to-day by the Btate Department to make representations to the Mexican Government regarding the kidnapping of Fred G. Hugo, the American manager of the Dobie Ranch near Muzquis by Villistas last week. ‘The Embassy and the American Con- Pass, Texas, have been independent in- NOT INQUIRE OF CONGRESS. principle of our constitutional ig more firmly established than not, in passing upon jatute inquire into INTO MO- Congres: court inquire into the wisdom of legislation, Nor may it pass on ecessity for the exercise of @ powsossed since the possible of & power Is not an argument nceding for the pu présent case, that the question of the continued validity of the War Pro- Dibition Act under the changed cir- cumstances depends upon whether it appears that there is no longer any ity for the prohibition of the f distilled spirits for bevernge ses, it remains to be said that on obvious grounds every reasonable jntendment must be made in favor of lig continuing validity, the prescribed period of limitation not having ar- rived: ‘hat to Congress in the exer- rposees of the tructed to make vestigation of the incident and also to investigate reports that the Villists car- ried off another American named Phil+ According to advices from Mexico, the which was referred re+ cently from the Puebla State Second Court to the Federal Supreme Court of Jenking case, ts powers, not least the war power upon, which the very life of the| Mexico, will be decided by the latter lation depends, a wide latitude oF tribunal to-day. discretion must be accorded and thal «justify a court in declaring that such assed for suc! d to have force power of Congress no longer con- au BELA KUN FOLLOWERS SENTENCED TO DEATH Fourteen Are to Be Hanged and Many Others Are Sent to “In view of facts of public wi red th * * * we are le to conclude that the act NOT REPEALED BY THE AMENDMENT. BUDAPEST, Deo, the Communists, hip, has begun. Fourteen were sentenced to death by and terms of various a Ratification | periods at proclaimed on Jan. 29, 1919. ntion is that, as the amendment on its adoption an the Constitution, Stamford Selectman D STAMFORD, Prohibition the |}, he | He lors in intoxi- of nd = NINETY PER CENT. ~ OF COAL MINERS BACK AT WORK Union Leaders Predict Many! More Will Return Before End of Day. CHICAGO, Dec, 15.—Rostrictions on the use of con! made necewmry by the fecent strike of miners in the bi- ¢| tUminous fields were removed to-day approached a normal basis. Regional effective date long enough to enable! cific provision fur detcrmining when|®™pervisios over distribution, how- 4d) ever, in order that restoration of the , should be obnoxious to} provision here, it is argued that the| depleted reserves may be equitable. Bhe Fourteenth Amendment, or why| term ‘conclusion of the war’ should such a Federal jaw should ibe ob-| not be given its ordinary legal mean ing; that instead it should be coi strued as the time when actual how ies ceased: «er whion the Treaty of|und heads of the United Mine Work- was signed at Versailles, on ” 7 steed at \ecrwanand|¢'® of America predicted that 9% per German = representatives; actual = war emergency ccuned by reason of our! locals voted to remain idle, pending a and disarmament of the enemy, coupled with the de- ‘4 t the} commission which President Wilson reports came that fully 90 per cent. of the miners were at the pits to-day, cent. of the men would be at the mines by to-night. In a few instances further adjustment of wages by the ly expected to appoint to take up the question. Operators said nothing like a normal ships, |output could be expected for several fond and clothing for thw uriny and! days, as it was necessary to clear away navy’ shall have been fully satisfied, “But, there ts nothing in the words ured to justify such a constr ‘Conclusion of the war’ clearly did|forty days of the strike, before holst- not mean cessation the act was a after hostilities ad ceased on debris, which had accumulated in a lurge number of properties during the ing of coul could begin. Stores which bad been limited to @ a the signing of the armistice. Nor may| business day of only six hours for OF ACT OVER| We assume that Congress intended by| more thanya week, in many localities, the phrane to dasignate the date when | «6, i the reasy of Peace should be signed (coche? at the reguiar hour to-day dnd factories closed or allowed to run only ‘rho restoration of hun- dreds of passenger trains which had © | tore From nearly all of the coal flelds! > JAMES BLAKE. Je Er rn rd TO ASK HIGHER RAIL RATES. | T. D. Caylee says Million a Year| Mast He Spent to Handle Traiec, improvements and turned buck to whers was emphi ment issued yesterday by Witt Cuyler, Chairman of the Associa. | regarding tion of Railway Executives: said that new capital expenditures of zed in a state: Germans will + | before the end of this before the war, in ordy r m his m js 80 that they can hi to build up the ndio the traf. He suid the roada ar times us heavy years ago and Unat t Higher rates, he pointed ¢ ed to attract handling five | ‘UNDERTAKER TRES now asx thirty | MMe it tnereasing. | f = of the aituath Uonal advertising. FIRE IN AUTO ROW. 1h CMNPHK Of Ho begun and regional directors said former schedules would be in force in 4 day or two. FOREIGN SHIPS GET COAL; HUNDREDS TO SAIL SOON Fuel Ban Relaxed, But Coastwise and American Vessels Will Be Supplied First. WASHINGTON, Dec. 15.—Restric- | - tion against supplying fuel coal to foreign ships were relaxed to-day by the Railroad Administration to per- mit the departure of hundrods of for- eign veasels which have been held in Atlantic and other ports since the shortage of coal became acute, Director General Hines ordered that vessels should be supplied in the fol- wine vesnels, (2) American overseas vessels. (3) Foreign overseas vessels. Heretofore the only foreign ships which have been allowed to obtain pre were fast majl and passenger iners. CLEMENCEAU KEPT AT HOME Doctors Say Nealth In Good Not- withata « Broken Rib, PARIS, Dec, 15.—Premler Clemenceau was suffering inconvenience to-duy from the broken rib which he sustained while on his trip to England last week. Hie Keneral hentth was found to be good by Drs. ‘Puffier and Laubry. They ad- vise dhim to remain at home. The Premicr followed instructions and received visitors at hia residence, — Dr. Bryce Marn Dead. Dr. Bryce Mars, for 20 years con- nected with the New York Health De- Rochelle this morning. He retired about eleven years ago from the health de- partment where he acted as a vete! DON, Deo.15—Viscount Gri granted a leave of absence from Wash- discuss several important questi Names Woman Secretary. Supreme Court Justice Fuchs, a clerk in his law off lace pays $3,000 a ye he first’ woman FourteenYoar-Old Dei Tlelen Blanchard, fourteen, daughte home, Amer jany's Vineyar PARIS, Deo, obtained — American v lishment of wine growing In Brittany, b-side Ms Holyoke Profe: SOUTH HADLEY, Mass, Dec, 15. B. Kennedy Foundation af loke College, his| the Franklin County how elghth term as third Selectman of Stam- d wt his home here last night, was alxty-two pears old, oo eld Blazing Machines Into Street. worth of run- Shipments of newly mined coal have| abouts were destroyed by fire in 4 from « few mines, and| Dwyer Storage building, were expected to bo in the handa of 77th Street, at 10.15 o'clock this morn- | distributers before the end of the day. Tho building is located heart of Automobile Row. abouts were stoc Blazing run- ed into the street by! policemen and firemen and the fire was quickly extinguished by Hook and Lad- ross the street from the stor To-morrow you will get same statement from ‘An autopsy will be held to-day to determine whether the boy, who was virtually a mute und was known as wus ussnulted struck the water, and other marks, but they may have resulted from tides. A preliminary examination has satisfied thee suthort due to drowning, FAMILY HAD LONG FEARED FOR four years apa he displayed the mors devotion a father fr an afflicted child, Lut Mrs, Blake's delusion that the child's disappear- ance wo buffeting of The authorities nbandoned the kid- napping theory soon after the mother told her story Friday night. have since learned that the boy's fath- and her own feured something of that the mother was nover allowed to take either of the Bhi ke children out The Blakes have about four years, the decree being ob- tained in Baltimore, tery as to the cause, and James Blake, husband of the prisoner, declines to make any statement except to say that she “was excitible and caused Tie has refused to ad- partment, died at His home in New There is a mys- nary. (He wags born in New York City May 20, 1844. He in survived by a disturbances.” mit she was a drug addict, He paid her $20 a week, and they were not on unfric ways lived nearby and was allowed to see the children as often as she Her statements indicate she an idea the afflicted boy stood between her and her husband, “If Buddie had been placed in a hos- pital when he was « year old.” she said Saturday, before the body was or was in an institution now that keeps me and my husband separated We'ed have been together again,” time she said to the came betwoen d when asked ! aay fe thought more of the} n he did of me. Was nO basis for this hellet As to the drug charge barsador to the United States, has been ington in order to come to England and the Government, it was announced by Premier Lioyd George in the House of Commons to-day, me Court mt Arnon I, Squires of Brooklyn to-day set a precedent when he appointed Henrietta Chief of Police: “H me and my husband why, replied: of Amos Blanchard of Newton, N. J,, died to-day from burns suffered when her clothing caught fire from hot coals she was carrying to tho yard of her Experimenta made THE EVENING WORLD, MONDAY, DECEMBER 1} |LITTLE JAMES BLAKE JR., | WITH WHOSE MURDER HIS GERMAN REPLY ee TO SIGN PROTOCOL Accepts Allies’ Note on All Points Except the Scapa Flow Incident. PARIS, Dee, 16.—The German veply 0 the Allies’ note nding elena qture of the Peace Treaty protocol wa submitted at 10:20 A. M. to-day, Baron von Lersner handed the note to Paul | Dutasta, Seerctary of the Peace Cone ‘ whom he discussed tts content The reply, it {8 understood, is cons efiatory throughout. While stil holding out against full raparation demanded by the Allies for Slow, the impression a solution will be ¢ sily arrved at Tho note declares Germany's inten- tion ty execute the peace treaty, Tt takes note of the Allies’ promise to repatriute German war prisoners, j then develops Germany's desires re- | garding the Scapa Flow incident. Von unnounced that the | group of German technicians will ar- tive to-morrow to take up conversa- De| tons with the Allied representatives pa low n prevails that the n the protocol and exchange ratifications of the treaty th TO SHIFT BLAME IN CALLIESS CASE (Continued From First Page.) nue flatly contradicted the inquiry conducted by Chief Medical Examiner Charles Norris, When the discrepancies in his testimony were {pointed out to him, Mr. Kelly, acting on the | MRS, BLAKE, HELD AS SLAYER ~OFSIN (Continued From First Page.) oth uttor’ ‘D MAY ESCAPE TRIAL jsay way that she “took a Jot of modl- cine Whatever obsession found lodg- ment in her tired, sick mind was born of drugs is who have studied the case, the belief of most of thox ‘8 affection for her Mer husba: | had beon stifled by the incidents lead. ing up to their separation and their . while for “Buddie" than ordinary juently feels ¢ effect the removal of bar- riers ‘between her and her husband merely shows the quality of her men- Samuel Blair of No. 41 Essex Ave- nue, Margate, immediately south of Ventnor, found “Buddie's” body. He was strolling along the boardwalk at} 10 o'clock when he caught sight of the little body tossed along the beach by the incoming rollers, The tide was half flood and coming in strong. The body was almost level with the edge of the walk at the foot of New Haven Avenue, three or four blocks south of the Ventnor City Pier, on which Mrs. Blake's handbag was found yes- terday. The boy was dressed as when he had been taken from his home Friday afternoon by the mother, in his little gray chinchilla overcoat, sweater quit, leggings and brown shoes. His cap was missing from his matted hair, Examination revealed a cut on the forehead, a smaller one under the nose, and a contused and blackened eye, These marks may have been in- fileted when he was thrown from the pier or by striking the boardwalk piling. ‘After the body had been sent to the undertaker's office, Chief Sprague went to the house of Kirk Loveland, 231 Oriental Avenue, this city, Mra, Blake roomed, He found Mrs, Blake cool, of clear mind, in striking contrast to her state Satur- She readily agreeed to his sug- gestion that she should go to the At- lantle City Hospital, where she could receive proper medical care and nurs- ing. by Prof, Daniel of Rennes University FUNERAL DIRECTORS. Sentencing of}in a vineyard near Rennes in plantin recently convicted of |hybrid vin ‘as the act repealed by the adop- r ‘ jotator- Ee ata py thg adoP; |erimes during the Bela Kun dictator the express terms of the amend- it the prohibition thereby imposed | hanging, one to life imprisonme: Fg Setting «on the native, ts re- sponsible for the hope of the re-estab- A FUNERAL ARRANGEMENT once placed in our hands, means at- tention to every detail, no matier how seemingly unimportant. ‘The Superior *C. Dr, Carrie A. Harper, associate profes- Emma FUNERAL DIRECTORS. MPBRELL SERVICE is the result of years of experience com- bined with the proper selection of ma- terials at the right price. Catt “Columbus 8200" Any Hour, Dav or Night FRANK E.CAMPBELL THE FUNERAL CHURCH * Street at 8 Ave nL Dpslerta pity Meanie? 5 Naasaa Street, re- ATTEMPT TO ASSASSINATE [AGREEMENT 1S REACHED THE PREMIER OF EGYPT| ON RAILWAY MEN'S WAGES Time and a Half for Overtime in Slow Freight Service—Some Special Allowances, WASHINGTON, (used te answer further urls Bomb Then Fi Revolver—tneident Laid to Milner Mission. Unsuccessful Bubpoena was s 15.—Under an Raflroad Ad- ministration and the four brotherhoods of train and enginemen, announced to- naif for overtime in slow freight service will became effec- to bis newest left hia establ was made this a student, was at- special allowances ween terminals were eliminated, but spectal allowances {tehing and similar work at Inttia In addition to the investigations an- an attempt waa « Yussuf Want N ever, will be at the old rate. NAVY TUG SINKS IN HUDSON. ¢ Chain of the appolutment of the commission Commissioner Viscount Miln eperty which Callies had she was struck down by W. P. BURR IS RENT VICTIM. riy-six hours before y was secretly buried on the edge Kensico Cemetery anchor ehalr his two daughters had to[y locate near Ce Ha University in sep Leach told The Evening World, mean to go to the bottom of the mat out what became of the de doing I want to find the man Harthqoake Commissioner Leach | t proposition te ind oper diligence neetion with the has been reported TEND R. R. CONTROL. Indicated When One particular pha It 14 believed the Katmul ¥ He WI Sen WASHINGTON, $ Wilson has not indicated wh asage to Congress on ti less had bee and taken to the Auise Haigh, liess had been living, “sick in New York Hospi- with whom Mrs, port of Director ¢ Oummins and d to-day that] Fork nog tals, . Place Plates $25 to $500 per dos. PLACE PLATES ROM the most distin guished potters of America, France and England come the place plates you admire at undertaker to timony he had given at a previous) pxcouted Must present an aidavit eral Roeretary ational Unton Callies caxe offer to the sey have been peemittad to purporting to The siened by 2 relitive or OVINGTON'S “The Gift Shep of Sth Ave.'” $14FitthAv,, near 32d St. said that he Was a relative, repudiated rumors that y-called rail fective methods 1 there would be a sudd: way strike before dren Killed by Roots LOST, FOUND AND REWARDS. LOST —isuuday evening Lotwoeu Ki th at 16.—A despateh to the Echo de Parts from Tunis sa: fourteen children were killed and thirty the collapre of the roof of a ure theatre the: National Congress of Architects passed to-day declar storation of the Cloth Hall and Ca- injured bj i» “nanciba cuntaLniog worl Heward, ASSORTED FROIT AND NUT BUT- candy pillows. lus- trously finis hed. delicately flavored and beautifully filled with chon a The Christmas Story of a Toy Soldier CHAP. 4.- -THE STORY, INTRODUCING THE TOY SOLDIER. World reoowned rremiam Milk T that moment there was an audible rumble in a small pasteboard box. tle wooden figure of A TOY SOLDIER. He was badly scarred of face, and glued <ogether in several The cover was lifted and out stepped command attention, and said y , mases and listened to all of your s concerning the importance of each and every one of you in 1 was originally the proud possession of a rl in a wealthy family on Fifth Avenu top of G.Chvetmas Tree which fairly je of the happiest moments of i dwan taken ites the Benen Cheuites ceeraine by Waly sere ith a troop of twelve soldi army and two mechanical canno: 1 was placed at the head of one ressed in a beautiful red coat, blue trousers and mas ceremonies. g by this dear little i a handsome toy hich used small real proud then, helmet of silver bronze. My metal sword bright and [Veda bebattel vita havea cement critica eet mee e my little mist s lined us up for battle.” (To be continued.) MILK ERED Pest Thy Old Fashion Clear Candy or Clear Toys CHRISTMAS CANDY For Churches, Sunday Schools, Institutions, Etc. POUNDS of good, pure, huggets of crystalll and jacketed kets of ‘our Famou MILK OHOCOLATE CLAUS — These Bae et a little statuettes A limited supply means early ordering. The price is...... 9.60 PEANUT BRITTLE—G: time but especially Chet Ume, ‘Th b our Celebrated i Silik ‘Chocolute, neh in carton, 19¢,39¢ ana 54¢ REKA MIXED. CANDY—TI presents @ pleasing f Chocolate Covered FIVE POUND Box ASSORTED CHOCOLATES — ‘A splendid Holiday collection of Chocolate cellent variety of Cream, Stores: New York, Brooklyn, Newark For exact lecation telephone directory, fare attractively wr- covered Kems ti N We Announce the Opening of Our New Store at 120 Flatbush Ave., Brooklyn 16th, 1919, the Sixteenth link to the LOFT chain of stores will Tuesday, Decemb Ga Tussenr Desens store occurs on the Birthday of the as it may seem, the opening of our newe: blished 51 years ago. nitary Soda Founta' be added. Strange Loft B le serving space is provided for our candy trade during the Holiday , now in the course of construction, will be erected shortly after the rush, and our