The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-04-05
THE ARMY CANTEEN
NOT ABOLISHED
Sale of intoxicating Liquors is
Not Prohibited.
OPINION ON THE SUBJECT
Rendered by the Attorney General at the
Request of Secretary of war-Tem-
perance Element Deeply Stirred
Over the Matter.

Washington, April 4-The secretary Of
war recently requested the opinion of the
encouragement as to whether section II
of the act passed at the last session of
congress increasing the efficiency of the
army" prohibits the continuance of the
sale of Intoxicating drinks by the govern
ment in the canteen sections of the post
exchanges, which are organized and MAIN
tanned at the various army posts and en-
campments throughout the United States.
The encouragement in his reply holds
that the section in question does not pro-
hibit the continuance of the sale of intoxi-
eating drinks throughout the canteen Sec
tions as heretofore organized and carried
on, except that no officer or enlisted man
can be detailed for duty in the canteen sec
ton to do the selling.
Section II of the act is as follows:
THAT no officer or private soldier shall
be detailed to sell intoxicating drinks as
bar tender, or otherwise in any post, ex-
change or canteen, nor shall any person be
requested or allowed to sell such liquors
in any encampment or fort on any of the
premises used for military purposes by the
United States; and the secretary of war
is hereby directed to issue such general or
der as may be necessary to carry the pro-
visions of this section into full force ana
effect"
The question involved is whether this act
absolutely prohibits the sale of intoxicat-
Ing drinks in canteens or whether its effect
is merely to regulate the same by discon-
tInuing the suction.
The attorney says:
IF this act was intended to be prohibit
tory of the sale of intox. eating drinks in
post exchanges or canteens, as well as in
encampments, forts and other premises
used for military purposes, then, to say the
least, congress used a very circuitous
route to reach that point, and employed
many superfiuous words to enact a simple
provision which could have been stated in
single sentence declaring that hereafter
no intoxicating drinks should be dealt in or
sold in any post, exchange or canteen, or
any premises used for military purposes
by the United States The act does not
make any such declaration On the con-
trary, the first clause merely forbids the
detail of any officer or private soldier to
act as a bartender, or otherwise, in the
sale of intoxicating drinks in any post eX-
change or canteen. Why specify officers
and private soldiers as forbidden If it was
persons? The designation of the class in
dividuals forbidden to do a certain thing
raises just inference that all other classes
not mentioned are not forbidden.
'.rhe 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 absolute prohibitory act, preventing
the sale of intoxicating drinks on all gov
eminent premises occupied for military
purposes, then it would execute itself and
would require no general order from the
secretary of war or from any one else. In
the face of a general prohibitory section
of that kind such sales would be unlawful
and the order of the secretary would not
in any way enhance their illegality. If,
however, an Interpretation be adopted
which separates the first and second
clauses of the act and makes the second
refer only to the sales by persons not con-
nected with post exchanges or canteens,
then the third clause of the section be-
comes Ineligible and appropriate, and APP
plies to the future sales in pest exchanges
or canteens. The act having forbidden the
employment of soldiers as bartenders or
statesmen of intoxicating drinks. it would
be lawful and appropriate for the managers
of the post exchanges to employ civilians
for that purpose.
Or course employment Is a matter of con-
tract and not of requirement, or permis-
sion The regulation 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
that subject SO as to make them consis-
tent with the provisions of this act. To
that end 1t will be requisite that he shall
determine the question of the persons who
may be employed in the post exchanges
and such other conditions and require
90 IL. .t&l- III
judgment may dictate.
1.-THE result of these reflections Is then
that this section does not prohibit the con-
tinuance of the sale of intoxicating drinks
through the canteen sections of the post
exchanges as heretofore organized and
carried on, except that, of course, no officer
or soldier can be put on duty in the can
teen section to do the selling either directly
or indirectly. This latter the law clearly
prohibits"