The Washington times., 1913-02-11
THE PRESIDENT AND THE LIQUOR BILL

lheTe is strong lntlman0n tf1at PRESIDENT laft
will insist upon being shown" before he signs the
bill to regulate interstate transportation of liquor
The constitutional question has been raised, and our
President, as of the foremost guardians of the
sacred instrument is said to be fearful that violence
may be done it.
1t has never been apparent why President
should assume the prerogative of deciding whether
acts of Congress are constitutional Without doubt,
his veto power fully authorizes him to intepose his
negative against legislation the ground of its public
policy But on constitutional questions, if the deci-
sion of the legislative authority is to be overridden
at all, it should be done by the Supreme Court.
There has always been a conflict of opinion as to
whether the Supreme Court itself was intended to
be empowered to nullify act of Congress but there
is for difference of opinion as to the pro-
prey of the President interfering constitutional
grounds
The Constitution is become tremendous buga-
boo and this very liquor legislation illustrates how it
is used to sustain opposition that would not dare
to argue the actual merits of legislation. This
measure has been opposed in House and in Senate
the ground that its constitutionality is doubted
The constitutional argument has, as usual, been
recognized the for opposition that in truth
is directed against the substance of the measure
itself. Now that opposition on that particular pre-
text is to be transferred to the White House, in the
effort to get the President to usurp the function of
the court and deprive it of the opportunity to decide
an issue that it alone can and should decide.
In this case, are loath to believe the Presi-
dent will interfere. 1t would be peculiarly unbecom-
ing of him to do so, in view of his record of support
for the liquor interests. In the famous years-long
debate on What Is Whisky?" the President over
ruled everybody in two Administrations in order to
decide that question as the rectifers wanted it
decided.
DR.. Wiley decided that whisky meant straight
whisky, not combination of whisky, neutral spirits
and coorng matter. The pure food board acquiesced
in that view. Attorney General Bonaparte took the
same view, and Theodore Roosevelt, President,
indorsed if.
Then the Taft Administration came in and the
LLOYD Bowers, was directed to make thorough in
vestigation and report. He devoted months, and
reported sustaining the general opinion that had
been advanced by all the authorities before him.
Down to this time, the Wiley decision had been,
broadly speaking, indorsed by all the reviewing
authorities
But here, for the second time, the matter went
up to the White House. and there, for the first time
the contention of the recters sustained Presi-
dent Taft himself wrote the decision which won their
victory.
With that record at his back, the President would
make poor appearance if ne should now in the
last weeks of his Administration take occasion to
veto the interstate transportation measure on con-
stitutiona grounds. BY all means, even if doubtful
of its consttutiona he should let the courts decide
the issue.