RIEF
RIGHT
REEZY
BITS. OF NEWS
B
"THROUGH WITH FOOD,"
HERBERT HOOVER SAYS.
London, Aug. 1. "I am through
with food," Herbert C. Hoover an
nounced here today. "Within thirty
- days I shall sail for America, where
I intend settling at Palo Alto, Cal.
This is my last meeting with the
inter-allied food commission."
- Mr. Hoover refused to comment
on Washington dispatches telling of
the War department's wholesale dis-
position of food at low prices
through municipal administrations.
The inter-allied food board will
continue its sessions. At tomor
row's meeting it will take up gam
bling in food stocks.
AMERICAN BUFFALO
SHOWING INCREASE.
Washington, Aug. 2. Americaii
buffalo are increasing. Since 1889
their members have increased seven
fold, a recent census of the Depart
ment of Agriculture shows.
There are approximately 7,000 buf
faloes in North America, according
to the census. Caaada has some
thing over 3,500, the rest being in
the. United States. Individuals or
companies own approximately 2,000
of the number in this country.
There are eight government herds,
six of which are under the control
of the Department of Agriculture.
The largest herd .in this country is
in charge of the Interior department
and is located in the Yellowstone
national park, where there are about
450 bison.
ASK VACANT PRISON
FOR USE OF HOMELESS.
London, Aug. 2. The acute hous
ing shortage has caused the town
council of Chelsford to petition
the government for permission to
use a vacant prison to shelter home
Jess families.
"JACK DEMPSEY" EATS
DRUMS AND CLARINET.
New York, Aug. 2. Two drums
and . a clarinet were missing from
the. band's equipment when the
transport Pocahontas docked, not
to mention such items of a ship's
gear as marlfn spikes, fathoms of
, three-inch rope and a life raft or
two.
"'Jack Dempsey' 'et 'em. Yessir.
Y'see, a ration is less than a trif
lin snack to 'Jack.'" explained Ser
geant Fred Lucas of the military
police battalion. He is the owner
of the miscreant .goat whoe name
was chntred from "Jess Willard"
to "Jack Drmnsey" on July 4.
"Jes9 Willard" gas his owner and
friends first warning of how the
Willard-Dempsey fight was going
n July 4, according to a veracious
soldier, bv clear evidence of feeling
poorly while the fiiht was in oro
gress. He was off his feed a thine;
which neverefore had happened.
Put as soon as his name was
changed h:s annetite improved.
SON WINS PSOO BET
BY SWEAT OF BROW.
Kansas Citv, Mo., Aug. 2. It cost
G. T. Albrisht of Dayton, O., $500
to make a "freak" bet with his son,
G. Beverly Albright, regarding the
latter's ability to make a living in
the harvest fields.
"I'll bet you $500 you quit the job
in less than three weeks," the father
said before the son left home.
"I'll take the bet, now watch me
get the money," Beverly replied.
He finished his fourth week near
Wellington, Kan., and was in Kan
. sas City this week in order to get a
job in the Dakotas also to spend
uome of that $500 which he had won
from his father.
OMAHA, THE GATE CITY OF TtfE tf EST, OFFERS YOU GOLDEN OPPORTUNITIES.
The Omaha Sunday Bee
VOL. XLIX NO. 7.
rattrfMl u MMd-etaM mttw May 28. INS. at
Oaiaaa P. O. aadar aot at Mirth S. II7S.
-OMAHA, SUNDAY MORNING, AUGUST 3, 1919.. 8:,W..rU0r'.'Ju.
FIVE CENTS.
THE WEATHER i
Nebraska Partly cloudy Sun
day and Monday; warmer in east
portion Sunday.
Hourly lamparaturai
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ONSLAUGHT
ON H.C.0FL
LAUNCHED
Government Agencies Move in
Efforts to Effect Return to
JVormal Food Price Levels in
the United States.
HOUSEWIVES PROMISE
TO TURN BOLSHEVIKI.
New York, Aug. 2. Housewives
have the right to demand a place in
the president's cabinet, according to
Mrs. Julia Heath, president oT the
Housewives' league, who believes
that a food portfolio should be cre-
1 ated to be presided over by a
; woman.
' "Every class in the country," she
said, "is represented in the cabinet
, save the housewives. And the
housewives are the ones who suf
fer most from high prices.
"Housewives will become bolshe
viki if conditions continue as they
are." ,
BIBULOUS HABITS MAY
HINGE ON SUFFRAGE.
Boston, Aug. 2. Personal liberty
with respect to bibulous habits may
be invovlved, according to lawyers,
in a petition of John A. Sullivan
and others, who demand that the
constitutional amendment - giving
woman the right to vote be submit
ted to the Massachusetts voters un
der the initiative and referendum.
Should the court decide that the
suffrage amendment 'ratification
must, be determined by the Massa
chusetts voters, lawyers declared
that the prohibition amendment
could not well escape the same fate.
$5,000 IS BID FOR
CAP WORN BY FOCH.
London, Aug. 2. Five thousand
- dollars has been bid for a cap worn
- by Marshal Foch during the first
" battle of the Marne, the Daily Ex
press learns. The cap will be sold
at auction at the Savoy fair.
NEBRASKANS LIQUOR
CACHES ARE SAFE.
- Lincoln, Neb., Aug. 2. Providing
Nebraskans purchased prior to
- July 1, a good supply of liquor
not an extra large amount they can
keep it in their homes, and drink
it without undue influence of the
law being brought against them.
This is the decision handed down
by the supreme court in a case
against Paul Hempel of Falls City,
Neb. i
ENRAGED HUSBAND
CAUSES "HELLUVA MUSS."
New York, Aug. 2. Enraged 'be
cause his wife, .from whom he w
separated, was attending the annual
. picnic of the "Good Husbands" club
here tonight, Arthur Gould, 30 years
"old, shot Trene Gould, 24 years old,
through . the wrist, killed Richard
. Gallagher, who went to her assist
ance, wounded two men and a girl
and, after his ammunition had been
exhausted, was rescued from an
angry mob by the timely arrival of
the police. Gould, badly beaten,
was held, by the police on a charge
of homicide
ARMY FOOD SURPLUS
TO BE SOLD AT ONCE
House Attempt to Recess
Blocked by Representative
Because His Plan to Probe
Shoe Prices Not Acted on.
Washington, Aug. 2. In the face
of growing unrest over the high cost
of living, as indicated by the spread
ing strike of railroad workers, many
government agencies moved today
in efforts to effect a return to nor
mal price levels.
Immediate sale of all surplus food
stuffs purchased for the army, in
stead of only canned goods, was or
dered by the War department. Mil
lions of pounds of meats, beans,
pumpkin, squash and other commod
ities will be offered to the public
Monday, August 18, through the par
cel post system at prices materially
lower than those now prevailing in
the market. Purchasers will have
to pay postage charges from the
place of storage.
Exchange Memoranda
Director General Hines, Commis
sioner Colver and Assistant Secre
tary Leffingwell, appointed by the
conference assembled by Attorney
General Palmer to recommend steps
to reduce living costs, were engaged
in an exchange of memoranda bear
ing on the problem. The impres
sion went out that the committee
had agreed that steps should be
taken by congress which would
aleviate the situation at once, but it
was said at Mr. Hines' office that
nothing final had been decided upon.
The committee was instructed par
ticularly to deal with profiteering
and to suggest how law-enforcement
agencies should proceed to bring to
justice men guilty of extortion
through unreasonable prices.
Government May Stand Loss.
If any recommendation is made
to congress it is believed most
likely that it will deal with sale of
the wheat crop at market prices
and the absorption by .the govern
ment of the loss between the price
and the $2.26 guaranteed the farm
er. "
Congress continued to discuss the
living question and at the White
House President Wilson was said
to be receiving full reports on all
phases of it.
The senate adopted a resolution
asking the banking committee
whether reduction of the currency
inflation would help the situation.
In the house an attempt to recess
for two weeks was blocked by Rep
resentative Igoe, democrat, of Mis
souri, because his resolution to have
the federal trade commission in
vestigate the price of shoes was not
acted upon. '
Demand of Railway Men.
The new demands of railway em
ployes for more wages to meet the
high cost of living drew fire from
Reresentative Blanton, democrat,
of Texas, who said the railroad men
were acting like "highwaymen" in
attempting to obtain "another un
fair $1,000,000,000 raise." ,
Introduction in the house of a
government ownership railroad bill
with the employes participating in
the control and profits of the roads,
(Continued on Face Nine, Column Four.)
Girl Visiting While Police
Force Was Searching for Her
San Francisco, Aug. 2. Return
ing unescorted to her apartment in
the Fairmont hotel today, after
having been absent throughout the
night, 9-year-old Virginia Byington,
daughter of a New York manufac
turer, ended an alleged kidnaping
mystery which had busied every po
liceman in the city.
The girl said she has been "visit
ing friends in Berkeley." Her
mother fainted when she entered
the room.
W. H. Byington, the father, is the
brother of E. L. Byington, an offi
cial of the United Railroads of San
Francisco.
Seaplane N C-4 May Try
to Fly Across Country
Washington, Aug. 2. Senator
Phelan of California announced to
day, after a conference with Secre
tary Daniels, that the naval seaplane
NC-4, the first aircraft to cross the
Atlantic ocean, might attempt a
flight to the Pacific coast, "in order
that the people of the Pacific coast
might have an opportunity of see
ing it."
"Plans are now under considera
tion," said Mr. Phelan, "to have the
NC-4 make a flight across the con
tinent, stopping at many of the large
cities.- . .
Woman Did Not Identify
Policeman in Whisky Case
Because of Family, She Says
Chief of Police Eberstein's Hurried Investigation and
Re-instatement of Accused Officer, Without Trial
Before Council, Is Given Sensational Turn By
Statement of Mrs. William F. Vogel.
A new turn is given to Chief of
Police Eberstein's hurried reinstate
ment of Motorcycle Policeman Clif
ton Cain without a trial before the
council on the charges for which he
had been suspended by the state
ment reiterated yesterday by Mrs.
William F. Vogel, 2449 Bauman
street, that she did not identify Cain
as one of the men who stole 22
cases of whisky from her garage on
the night of July 13, only because
she had been appealed to by Cain's
wife, with piteous pleas for herself
and her 6-months'-old baby depend
ing on her husband's salary for a
living.
Mrs. Vogel's Story.
"I did not want to be the cause
of bringing suffering to this police
man's home," declared Mrs. Vogel.
"I told Chief Eberstein I believed
Cain was the man who flashed a po
liceman's badge and a revolver when
I asked him to show me his authori
ty for making a raid.
"Then Mrs. Cain called me up
and when Cain appeared later, I
refused to say positively he was the
man, because I did not want to be
the cause of his losing his job."
Chief Eberstein announced Fri
day that Cain had been suspended,
following the charges in the South
Side police court and that he would
investigate the affair personally.
Chief Eberstein, later in the day,
announced that he had taken Cain
to Mrs. Vogel's residence and that
she had asserted positively that
Cain was not the man, and that he
had therefore re-instated him.
According to Mrs. Vogel's state
ment yesterday, Chief Eberstein was
not in her house when Cain went
there with Detective Cunningham,
but the latter called him on the tele
phone. "When he finished talking to the
chief," Mrs. Vogel said, "Cunning
ham turned to Cain and told him
that the chief said to report for
duty at the station."
Tom Kelly declared in court be
fore Police Judge Foster he had
been arrested a half dozen times
during the past week by Cain, who
claimed Kelly owed him $450 for
his share of the whisky taken from
the Vogel garage and hidden away.
Kelly gave the name and address
of Mrs. Vogel to Chief Eberstein
as a witness who would cor
roborates his statements.
"We were seated on my front
porch," said Mrs. Vogel, "when we
noticed two men. drive by several
times in a Hudson car. My atten
tion was attracted because they were
observing our house so closely.
"I believe one of these men was
Cain. Later Roy Kelly, Cain and two
other men came in a Buick car and
declared they were policemen. Cain
showed his badge and revolver.
Then they backed the car into our
garage. Roy Kelly stood in the car
and the others handed him the pack
ages." Mrs. Vogel said she had been
warned by Chief Eberstein not to
talk about the affair and that he also
promised Mrs. Vogel he would not
give her name to the reporters.
"I called him this morning," said
Mrs. Vogel, "to take him to task for
breaking his promise. Immediately
he wanted to know if a reporter
from The Bee had been to see me."
"I told him there had been," con
tinued Mrs. Vogel. "He seemed
provoked because. I could not give
him the reporter! name or describe
him.
"Don't pay any attention to him,"
Chief Eberstein is quoted as say
ing. "He is trying to cause trouble
for you and everybody else. Po not
talk to a reporter for The Bee above
all others.
"Chief Eberstein then asked just
what I had said to the reporter. I
told him just what I have Said to
you," she asserted.
"Had they brought Cain before
me before his wife talked to me, and
had I not felt that, a word from me
would mean such hardship to Cain's
family, I would not have hesitated a
moment in saying Cain was with the
men who took the whisky."
Th stolen whisky, Mrs. Vogel ex
plained, did not belong to her, but
was put there by a man who ar-
(Contlnued on Pago Two, Column Two.)
KAISER WANTED
PEACE DISCUSSED
IN U. S. CAPITAL
ARMY AIRMAN
SETS RECORD FOR
ALTITUDE SPEED
Ludendorff, Hindenburg and
Emperor All Lost Nerve
Just Prior to Armistice.
Berlin, Aug. 2. (By the Asso
ciated Press.) The former German
emperor's statement on October 27,
1918, that he had reached an unal
terab'e determination to sue for a
separate peace within 24 hours and
to demand an immediate armistice,
is one of the many revelations of
German war diplomacy contained in
the "white book" published at Wei
mar. The former emperor's decision to
seek peace immediately, according
to documents in the white book, he
considered necessary because he be
lieved the people both unable and
unwilling to continue the war. The
former German ruler's conscience
was said to forbid him to permit
further bloodshed.
Washington the Center.
More than a month earlier, in
September, according to the docu
ments. General Ludendorff heard
that Bulgaria had offered to sign a
separate peace. In the official dis
cussion of a direct appeal to the
United States it was agreed that
Washington should be designated
as the center of peace negotiations,
as a matter of politeness. Austria
was consulted by telephone regard
ing the. proposed appeal.
On October 1, Field Marshal von
Hindenburg telegraphed to Vice
Chancellor Friedrich von Payer,
stating that if Prince Max of Baden
should form a government, he would
agree to the appeal for peace being
delayed until the next morning, but
he insisted that the peace offer be
sent immediately if there were any
doubts about the formation of the
Max government.
Ludendorff Lost Nerve.
On the same day General Groener
reported that General Ludendorff
had declared that delay would be
fatal, that the formation of a new
government should rtot be awaited
and that a break in the military
line was possible at any minute
and that any peace offer obtained
would be unfavorable. General
Groener said it was his impression
General Ludendorff had lost his
nerve completely
Prince Max immediately inquired
if Von Hindenburg was unable to
hold the front. He received an an
swer that the army stood by its de
mand for an immediate peace offer.
Prince Max still held the matter
of peace was premature, but other
members 6f the cabinet side, wi'h
General Ludendorff ar.d naintatned
tha; the military verdict mut 'ie ad
hered to because if he situation
h'-li be made worse by President
Wion's answer, ih; rmy wou'd
seek to dodae rejoonsibility,
Flies at Rate of 137 Miles an
Hour at Height of
18,400 Feet.
Dayton, O., Aug. 2. Maj. W.
Schroeder, army aviator, today set
a new world's speed record for high
altitudes, it is claimed, when he flew
at a rate of 137 miles an hour at a
height of 18,400 feet. He used a
two-seated Lepere biplane, designed
by Captain Lepere, of the French
army. It was equipped with a 12
cylinder Liberty motor and a super
charger. Lieut. G. W. Elfey, expert
aeronautic observer, was a passen
ger. New York, Aug. 2. Roland
Rohlfs, civilian aviator, who last
Wednesday established an American
altitude racord of 30,700 feet, an
nounced tonight he would attempt
next Monday, in another flight from
Mineola, to smash the world's rec
ord of 33,136 feet held by Adjutant
Casales, of the French army.
Ithaca, N. Y., Aug. 2. What is
said to be a world's record for air
plane "gliding" was established
here today when "Rex" Marshall,
attaining an altitude of 17,000 feet,
shut off the engine of his Thomas
Morse machine at the northern end
of Cayuga lake and "glided" 35 miles
to this city renewing his power at
an altitude of 8,000 feet. Twenty
two miles is said to be the former
record.
Universal Military
Training Bill Goes
to Congress at Once
Washington, Aug. 2. The war
department bill providing for a
moderate system of universal mili
tary training as the settled military
policy of the nations, will be laid
before congress without further de
lay. Probably it will be in the hands
of Senator Wadsworth and Repre
sentative Kahn, heads of the two
military committees, early next
week.
Details of the department's bill
have not been made public. Th.e.re
are indications, however, that it dif
fers essentially in some ways from
the Kahn-Chamberlain universal
training, bill already before the com
mittees. Counterfeiter Killed.
Minneapolis, Aug. 2. James Ho
gan, leader of an alleged gang of
counterfeiters, is dead and Paul
Gottfried, St. Paul detective, is in.
a hospital with four bullet wounds
in his body, as the result of a raid
made on the Hogan home today,
fill
They're After Him
opinion
W.C.T.U. Rolls Up Sleeves for Finish Fight
With Nicotine in Every State of the Union
250,000 RAILWAY
HOPMEN STRIKE;
ASK MORE MONEY
Walkout Said to Be Spreading,
With No Indication of Im
mediate Settlement
in Sight.
Chicago, Aug. 2. More than 250,
000 railway shopmen of the country
are idle as a result of the strike
called by the Federated Railway
Shopmen's union, union officials of
the organization said tonight, with
the strike spreading and no indica
tion of an immediate settlement in
sight.
The men are out to remain on
strike until their demands for 85
cents an hour for machinists and 60
cents for helpers are granted, John
D. Saunders, secretary, said.
Men Are Dissatisfied.
Washington, Aug. 2. Dissatisfied
with President Wilson s proposal to
have congress create a special body
to pass on their demands, or con
sider them in connection with the
high cost of living problem, the rail
way shopmen began to take an of
ficial strike vote.
The shopmen contend that the
railway wage board of the railroad
administration should pass on their
demands, and failing favorable ac
tion, a strike of 600,000 men is
threatened, labor officials say.
B. M. Jewell, acting president of
the railway employes department of
the American Federation of Labor
said that Director General Hines
had been informed by the committee
representing the shopmen of their
dissatisfaction with the suggestion
that congress intervene.
Vote To Go on Strike.
Boston, Aug. 2. Union railroad
shopmen of the local district of the
New York, New Haven & Hartford
railroad, at a mass meeting voted
unanimously to strike, Thursday,
unless their demands are granted.
The men, who said they had re
ceived appeals from the Chicago
union to join in a general strike,
disregarded the advice of their inter
national officers by voting to
strike.
Snipers in Chicago
Hiding in Riot Zone
Try to Kill Officer
Chicago, Aug. 3. Snipers hiding
in an alley of the eastern section of
the "riot zone" attempted to assas
sinate Capt. M. R. Wehrheim, D
company, Fourth Illinois Reserve
Infantry, early this morning. He
was wounded in the right-side by a
knife thrust after several shots had
been fired at him.
Contests Arranged and Re
wards Offered for Best Es
say on "Viciousness of Those
Given to Use of Weed."
Washington, Aug. 2. After a
two months' inquiry conducted in
this city, Chicago, San Francisco
and elsewhere to determine whether
there was a concerted campaign to
bar the use of tobacco, now that
liquor has gone by the boards, the
association, opposed to national
prohibition, issued a statement here
charging that the Women's Chris
tian Temperance union was back
ing a movement to have anti-nicotine
laws enacted in every state in
the union.
Aim at Sale, Use, Export.
The W. C. T. U. will celebrate its
fiftieth anniversary five years hence,
and the organization is hopeful of
having congress submit a constitu
tional amendment before March 20,
1924, its semi-centennial, forbidding
the cultivation, sale, use or export
of the weed for smoking or chew
ing purposes, the statement
charged.
The $1,000,000 "drive" begun last
March by the White Ribboners, it
is alleged, has for its object the
crushing of demon nicotine, and to
this end the anti-prohibitionists say,
$300,0GC will be expended ostensibly
on "child welfare," "health and mor
ality," "education and information"
and other propaganda methods by
means of the churches and public
schools.
Hard on the Old Man."
The association Opposed to Na
tional Prohibiiton further charges
the W. C. T. U. with planning to
finance its compftign against tobac
co without appealing directly for
funds or naming the purpose for
which the money is to be expended.
In support of this it asserts that al
ready, "in the guise of public school
recitation books which flagrantly
violate the sanctity of home and
filial devotion." fathers who use to
bacco are portrayed as "filthy and
unfit for childish caresses."
James Arthur Seavey, managing
director of the association, in ex
plaining the reasons for the inves
tigatioiv said it was started to clear
up "whether or not the same pro
fessional and paid prohibitionists
who foisted the eighteenth amend
ment upon the nation without a pop
ular vcte were behind the tobacco
crusade, despite their eager denials."
Would Bar Cigarets.
The investigation disclosed, said
the statement, that a bill has been
introduced in the Georgia legisla
ture to prohibit the use of tobacco
in any form and that measures have
been taken in the legislatures of
other southern and western states
to put a ban on cigarets. The Anti
Saloon league is also accused of
actively aiding the W. C. T, U. cru
sade and of having indorsed the
slogan, "Nicotine next."
Dr. P. Charles Green of Philadel
phia was said to have protested to
the public school authorities of his
city for permitting, he said, the W.
C. T. U. to establish medal contests
and offer money rewards to pupils
for the best essays on the "vicious
ness of the tobacco habit
BOY WAITING
FOR CAR KILLED
BY AUTOMOBILE
Son of Nathan Woodbury
Struck at Thirty-Third and
Ames; Other Accidents
Reported.
Guy "Muggins" Woodbury, 7
years old, 3372 Grand avenue, died
last, night on his way to Swedish
Immanuel hospital after he was run
over at Thirty-third and Ames ave
nue by an automobile" driven by
Truman S. Day, 1912 Lothrop street.
The accident occurred at 6:30
o'clock.
Day was on his way to a family
picnic with his brother, Tavlor T.
Day, 1912 Lothrop street; Mrs. T.
T. Day, Robert and Janet, children
of Taylor T. Day; Mrs. August
Ancelet of Basco, III., and Mrs.
Elizabeth Behrens, 1911 Binney
street.
Day was driving west on Ames
avenue while the boy was waiting in
the street for a street car.
Day attempted to drive between
the lad and the curbing and the boy
stepped back directly into the path
of the car.
"I was going about 20 miles an
hour, I guess," said Day. "As soon
as I struck the lad I stopped my
machine and took him to Immanuel
hospital, Thirty-fourth and Meredith
avenue. He died as we were taking
him in the door."
The automobile party was taken
to the. police station where Day was
booked for investigation. He was
later released on bond.
The dead boy is a son of Nathan
Woodbury, a photographer, 3372
Grand avenue.
Car Goes Over Bank.
T. H. Donnelly, 2615 Binney
street; Arthur Jenkins, a cook at
Fort Omaha and two women whose
names are not known to the police.
plunged over a 15-foot embankment
at Ninth and Dodge streets at 6
o'clock last night in a Ford livery
car and escaped without injury.
Donnelly and Jenkins were arrested
and charged with drunkenness.
The two women escaped. Don
nelly was also charged with reck
less driving.
Boy Bruised.
George Cusick, 11 years old, 3029
Meredith avenue, was knocked from
his bicycle and bruised at 6 o'clock
last night at Thirtieth street and
Fowler avenue, when he collided
with an automobile being driven by
M. E. Herskind. 7906 North Thir
tieth street. The lad was able to
go home unassisted.
President and Mrs. Wilson
"Week-End" on the Potomac
Washington, Aug. 2. The presi
dent and Mrs. Wilson left Wash
ington for a trip down the Potomac
on the presidential yacht Mayflow
er. They were expected to return
I to the capital Monday morning.
ILLEGAL I
OF
ATTORNEYS
Elihu Root, William D. Guth
rie and William L. Marbury
Reach Concluson, Which is
Made Public in Capital.
STATE CONGRESS CANNOT
ACT UNTIL JAN. 16, 1920
"Has No Express Power to
Prohibit Manufacture and
Sale of Beer, Whether or Not
Intoxicating," Their View.
Washington, Aug. 2. The war
time prohibition enforcement bill
recently passed by the house and
now pending before a senate com
mittee is unconstitutionalaccording
to an opinion by Elihu Root, Wil
liam D. Guthrie and William L.
Marbury, counsel for the United
States Brewers' 'association, made
public today.
This opinion holds that until the
eighteenth amendment becomes ef
fective, January 16, 1920, congress,
under well settled rules of constitu
tional law, "has no express power to
prohibit the manufacture and sale of
beer, whether or not intoxicating."
There is now no valid reason for the
war time prohibition act, the law
yers declare, and there is no evi
dence, they, edd, to support the
claim that the proposed enforcement
measure is necessary or proper to
conserve the nation's food supply.
Say Opinions Don't Apply.
The opinion, an exhaustive docu
ment dealing with all legal phases
of the question, was sent to Chris
tian W. Feigenspan, president of
the Brewers association. ' The law
yers contended that while District
Judge Hand and the New York cir
cuit court of appeals had held the
war time act constitutional, the de
cision would not apply to pending
legislation.
"Conditions," they said in this
connection, "have meantime materi
ally changed during the eight
months ' since November 21 (the
date of the bill's passage); the pres
ident declared on May 20 that it
seemed to him entirely safe to re
move the ban on wines and beers;
he reiterated on July 20, in his ad
dress to the senate, that the war had
ended last November; the demobili
zation of the army and navy is pro
gressing and will shortly be com
pleted; war necessity or emergency
has practically ceased to exist and
personal and commercial relations
with Germany have been permitted
to be resumed and are being con
ducted. "Taking up two and three-quar-
ters per cent beer, the attorneys
contend it has been established by
competent evidence that such bev
erage is not intoxicating and that it
is immaterial that congress for
years taxed "fermented liquors"
containing more than one-half of 1
per cent alcohol as this basis "was
adopted solely for taxation pur
poses and quite irrespective of the
intoxicating quality of the liquor
taxed."
Called Unconstitutional,
"If, therefore, according to its
proper construction," the opinion
continues, "the act of congress of
November 21 does not prohibit the
manufacture and sale of non-intoxicating
beer, the proposed enactment
extending the prohibition to non-intoxicating
liquors, would, as to tran
sactions prior to its passage, be in
our opinion unconstitutional and
void because violative of the letter
and spirit of the mandate in Section
9, Article I of the constitution of the
United States that no ex-post-facto
law shall be passed by congress.
"The amendment in the house of
section 1 of the Volstead bill by in
serting the word 'hereafter' before
the word 'construed' was probably
for the purpose of avoiding this
constitutional point; but it would
permit one construction of the same
term as to acts done prior to "its
passage and a different and broader
construction as to acts done after
ward. But the enactment tends to
establish that the true intent was t
enact practically new legislation be
yond the scope of the existing c-
actments."
Looting Breaks Out
In London as Police
Remain Out On Strike-
Liverpool, Aug. 2. Lootinar and
rioting occurred throughout the
night as a result of the strike of po
licemen, and the T.nrH VUvnr in-
pealed early today to the military
authorities for aid. The latter dis
patched six lorrv loarla nf
from Crosby, six miles from here,
an muy armed, wnile special con
stables were alsn rallpH Ant TV.
looting continued in the poorer dis
tricts this morning and the lord
mayor asked for volunteer k
guard the city, -