The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-05
CANTEEN LAW NOT GOOD.
Attorney General Says Tt Does Not
Stop the Sale of I.inuor

4 SEOp Tie SAFE OF LIQUOR
Washington, April 5-The secretary
Of war recently requested the opinion
of the attorney general as to whether
section IL Of the act passed at the last
session or congress increasing the ef-
fcieucy OF the army prohibits the con-
tinuanee Of the sale Of intoxicating
drinks by the government in the can
teen sections Of the post exchanges.
which are organized and maintained at
the various army posts and encamp-
ments throughout the United States
The attorney general in his reply
holds that the section in question does
not prohibit the continuance of the sale
OF Intoxicating drinks through the can
teen sections as heretofore organized
and carried on. except that no officer or
enlisted man can be detailed for duty
in the Canteen section to do the selling
The decision has stirred the temper
anee and religious elements to activity
and the superintendent Of the IegisIa-
ton Of the national W c. T. Z. and the
head OF the reform bureau announce
that they Will not submit without q
fight to the Interpretation put on the
law BY the attorney general They VIII
appeal TO the president himself They
say that the execution OF the law rests
with the president; that If he chose the
power was in his hands to suppress
absolutely the sale of liquor in the army
and that they would not rest satisfied
until Mr. Mckinley had acted They
Indicated a purpose to begin an agita-
/ ton OF the matter in the churches
throughout the country to have them
urge on the president that he carry out
what they insist. Notwithstanding the
I attorney generals opinion, was the
plain intent Of congress.
Section Il Of the act is as follows:
That no officer or private soldier
shall be detailed to sell intOxica ting
drinks, as q bartender or otherwise, in
any post, exchange or canteeu, nor shall
any other person be required or allowed
to sell such liquors in any encampraent
/ or fort OF on any premises used for
military purposes by the United States;
I and the secretary of war is hereby di-
| rected to issue such general order as
may be necessary to carry the pro-
{ visions Of this section into full force
| and effect
/ The question involved is whether this
[ act absolutely prohibits the sale of in
! toxicat-ug drinks in canteens. or
whether its effect is merely to regulate
| the same by disseminating the custom
( of detailing enlisted men as statesmen
/ in the canteens- The attorney general
| says
IF this act was intended to be pro-
( hibitOry of the sale OF intoxicating
{ drinks in post exchanges OF canteens,
/ as well as in eneanpments. forts and
other premises used for military pur-
/ poses. then. to say the least, congress
[ used 4. very cirCuitOUS route TO reach
/ that point, and employed many super
! f1uous words TO enact a simple provision
/ gle sentence declaring that hereafter
no intoxicating drinks shall be dealt in
| or sold in any post exchange, or can
| teen, OF any premises used Tor military
/ purposes by the United States. The act
| does not make any such declaration
[ On the contrary. the first clause merely
/ forbids the detail of an officer or pri-
| vate soldier to act as a bartender or
/ otherwise in the sale of intoxicating
{ drinks in any post exchange or cauteen-
[ Why specify officers and private SOL
\ ~ Fr1r
[ forbid the traffic of all other persons
I The designation of one class Of ildi-
/ viduaIs as forbidden to do a certain
| thing raises 4 Just inference that all
1 other classes not mentioned are not for
/ biddeu-''
/ The third clause OF the act directs the
| secretary Of war TO issue such general
| order as may be necessary to carry the
/ provisions of this section into full force
and effect If the section was intended
/ to be an absolutely prohibitory act, pre-
1 venting the sale of Intoxicating drinks
/ on all government premises occupied for
military purposes. then it would execute
itself and would require no general or
} der from the secretary of war or from
anyone else In the face of 4 general
! prOhibitory section Of that kind, such
sales would be unlawful and the order
! of the secretary would not in any way
enhance their uIega1ty- II, however,
an Interpretation be adopted which
separates the first and second clauses
Of the act and makes the second refer
only 10 the SAFES DT persons not con-
nected with post exchanges or canteens,
then the third clause OF the section be
comes inteIHg ent and appropriate and
applies TO the future sales in post ex-
changes or canteens- The act having
forbidden the employment OF soldiers
as bartenders or statesmen of intOxi-
eating drinks. it would be lawful and
appropriate for the managers Of the
post exchanges to employ civilians for
that purposes OF course, employment
( is q matter Of contract and not of re-
Quiremeut or permission The regula-
ton Of the post exchanges and canteens
being within the power Of the secretary
of war the act means that he shall
by order modify the regulations upon
the subject SO as to make them consist
ent with the provisions of this act To
that end it shall be requisite that he
shall determine the question of the per-
sons who may be employed in the post
! exchanges and such other conditions
and requirements Herewith as his good
Judgment may dictate.
The result OF these reflections is. then
that this section does not prohibit the
continuance Of the sale OF intoxicating
drinks through the cauteeu sections Of
the post exchanges, as heretofore Or
ganized and carried On, except that, of
course no officer or soldier can be put
selling, either directly OF Indirectly.
! This latter the law clearly prohibits.
1000 Conscience Money
WASHINGTON, April 5--The secretary