The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-07-10
SENATE ADMITS
BLUNDER;D
BILL is ILLEGAL
SmOOt Amendment Violates
Fifth Amendment to
Constitution.
WHISKEY ACT FUTILE
Senator Shields of Ten
nessee Discovers Grave
Legislative Error.
RIGHT OF COURT USURPED
Reconsideration Is Mandatory,
as Lawmakers Can't Fix
Compensation.
RIGHT OF COURT UsURPED

WASHINGTON, July 9.-John Barley
corn displayed unmistakable signs Of
life to-day. The Smoot amendment to
the food bill Is admitted even by Sena-
tors who on Saturday voted in favor OF
1t to be unconstitutional and In direct
violation OF Article v. of the Constitu-
tion Of the United States, which says:
nor shall private property
be taken for public use without just
compensation"
This discovery had been predicted in
the course of Saturdays debate by Sem
ators who opposed the Smoot amend
ment. That amendment provided that
upon the enactment of the food adminis-
tration bill the President was directed
| and empowered to commander all dis
titled spirits in the bonded warehouses
of the United States, and. after paying
to owners thereof the cost of production
plus 10 per cent. thereof, redistill this
liquor for the production of alcohol for
Government uses
Senator Shields OF Tennessee. who
voted against reconsideration Of the vote
by which the Smoot amendment was
adopted and has consistently voted for
all preceding amendments tending 30
~ llo cause VI DTOnlDlllOn, con-
| demned the amendment to-day as fia-
grantly invasive of the constitutional
provisions as to the rights OF property
as set forth in the Fifth Amendment
Compensation Up TO Courts.
I'm fixing the price at which
whiskey In bond is to be taken over
by the President" said Senator Shields,
this bill has become involved in a
judicial complication. The Senate has
undertaken to arrogate to itself power
that belongs to the court Congress may
legislate power to commander, but when
1t attempts to fix prices it encroaches
upon the authority of the judiciary. How
can Congress say what is to be fair
price for property 10 be taken over un-
less there has been an exhaustive In
quiry into It?
ITO say that cost plus 10 per cent. is
a fair price for this whiskey is to hit
arbitrarily upon a price without any
| real attempt to arrive at a fair calcula-
| tion. Manfestly IL any price is to be
! fixed by Congress II ought to he the
market price and not the cost of produc-
tion price.
Does any one believe the owners Of
| this whiskey are going to allow their
goods to be conhscated without chal-
| lenge in court OF law? II is evident TO
any one who stops to think that this
| legislation cannot stand in court. No
greater sophistry or heresy ever existed
! than to assume that we may comman-
deer without ample compensation.
This whole affair has simply been an
effort to force prohibition on the coun-
| try at a time when the need OF the coun-
! try is for stern. logical legislation for
! food control. but not liquor control"
stone Sees "Ridiculous Error"
| Senator Stone. Missouri, one Of the
! leaders OF the "wets," directed the at
( tention OF the Senate to the fact that he
! had warned them Saturday that just
such situation was being created He
said that he had pointed out this flaw
! in the drafting OF the Smoot amendment
! 81 told you il would do this very
| thing, and you cannot but realize that
! in your frantic haste TO write into the
| bill such a piece OF legislation as would
satisfy your craving for the enforcement
Of prohibition upon the nation you have
made this ridiculous error" said Senator
| Stone.
II call It to the attention Of the dis
| t!nguished Senator from Iowa, Mr. Ken
yon, who has been paying attention to
the remarks OF the senior Senator from
| Tennessee" the Missourian continued.
Senator Kenyon. evidently greatly en-
barrassed by the discovery, arose and
said: 81 was out OF the Senate at the
| time the Smoot amendment was intro
duced. I was busIed with a number OF
other matters, and I admit that I did
not perhaps give II the attention IL de-
| served. But | have followed the argu-
| ment OF the learned Senator from Ten
nessee with closest application and I
am convinced that he Is right. absolutely
right in his Interpretation Of the pro-
posed statute 1t IL very apparently un-
| constitutional"
Discovery Like Holt From Sky.
The discovery and the admissions from
both sides OF the Senate Chamber came
! like a bolt from n clear sky upon tho
peace and quiet which had followed a
| busy morning hour devoted to the con-
sdcration OF the succeeding sections OF
the food administration hill
1t was instantly evident that tho Sem
ate would have to resciud its action Of
Saturday. The supposed hnaity OF
Saturdays action spraug from the fact
that the votes on the SmoOt amendment
and the other amendments which were
! then written into the bill were taken
under unanimous consent agreement
that the action OF the Senate. sitting as
the committee OF the whole, should not
be subject to subsequent amendment but
| accepted as the natural judgment OF the
Senate
! II was Immediately obvious that the
Senate could not set tho seal OF final ap-
probation and accomplishment upon a
section of tho proposed statute which
was admittedly unconstltutona! and tho
leaders are casting about tonight FOR
now way out OF the present tangie, Re-
consideration is now apparently man
| datory.
As result OF tho sudden upset OF
pronipitioni~t plans created by Senator
Shieldss bombshell the Senate Commit
tee on Tina.>ce to-day made UNOFFICIAL
announcement o: its intention to sit tight
-nd take M precpitate action lookiLg
TO the revision OF the war revenue bill
until after Go food administration bill.
at least 90 far as prohibition was con-
ccrncS. had been settled.