“ Nor can I discover any substantial ground for holding that such destruction could probably aid in an appreciable way the enforcement of any prohibition law then within the competency of Congress to enact. It is not enough merely to assert such a probability; it must arise from the facts. ”

“ The Eighteenth Amendment not having become effective, it has no general power to prohibit the manufacture or sale of liquors. But by positive grant Congress has been empowered 'to declare war,' 'to raise and support armies,' 'to provide and maintain a navy,' 'to make rules for the government and regulation of the land and naval forces,' 'to make all laws which shall be necessary and proper for carrying into execution the foregoing powers'; and to these it is attempted to trace the asserted power to prohibit sale of complainant's beer. ”

“ July 10, 1919, he announced, 'The war ended in November, eight months ago;' and in a message dated October 27, 1919, he declared that war emergencies which might have called for prohibition 'have been satisfied in the demobilization of the army and navy.' Food supplies were abundant, and there is no pretense that the enactment under consideration was intended to preserve them. Finally, the statute itself contains no declaration that prohibition of nonintoxicants was regarded as in any way essential to the proper conduct or conclusion of the war or to restoration of peace. ”

“ The Constitution should be interpreted in view of the spirit which pervades it and always with a steadfast purpose to give complete effect to every part according to the true intendment-none should suffer emasculation by any strained or unnatural construction. ”

“ Moreover, well settled rights of the individual in harmless property and powers carefully reserved to the states, ought not to be abridged or destroyed by mere argumentation based upon supposed analogies. ”