Louis Brandeis

“ Every permittee applying for a renewal has the burden of establishing his fitness; whereas, if permits are terminable only by revocation pursuant to the provisions in sections 5 and 9, the burden to justify closing the business because of some violation of the act or of the regulations is put upon the government. But section 6, as well as the rest of the act, draws an obvious distinction between the manufacture, etc., of intoxicating liquor and that of industrial alcohol and the preparations enumerated in section 4. ”

“ Alcohol is unquestionably liquor. It is therefore urged that the same is true of any liquid which, like alcohol, is immediately or mediately fit for use as a beverage and otherwise answers the definition of 'liquor.' Aside from the argument developed in the text, there are two short answers to this contention. ”

“ The government contends also that because plaintiffs' permits, whatever their character, do not provide a calendar date of expiration, they are void or voidable for failure to comply with the further provision of section 6 that every permit 'shall designate and limit the acts that are permitted and the time when and place where such acts may be performed,' even though they complied with the regulations in force at the time of issuance. ”