New-York tribune., 1919-07-08
Minority Report to House
Charges New Legislation
Is Being Tried Under
Defunct Old War Power
Estates Rights Violated
Definition of Beverages
Held to Exceed Wording
Used in the Amendment
Ne,c York Tribune
LFnshiunf0,, Ralyen1l

WASHINGTON, July 7.--Attackine
the Volstead prohibition bill at three
points, a minority report signed by
five members of the Judiciary Commit
tee was made public tonight prepara-
tory to the resumption tomorrow by
the House of unfinished legislation.
The report, which is signed by Rep
resentatives w. L. Igoe and L. c. Dyer
of Missouri; II. J. Steele, of Pennsyl-
vania; Warren Gard, Of Ohio, and
d. G. Classon, of Wisconsin, thus sum
marizes the objections of the "wets":
"TTRST-That the provisions for
the enforcement Of wartime prohi-
bition carry definition Of intoxicat-
bition beyond that of the original
act, and to that extent is new legis-
lation which Congress has not the
right now to pass under the war
power. We believe the original act
should be repealed.
~SECOND-That as to constitu-
tional prohibition, section Of the
amendment provides that the Con-
gress and the several states shall
have concurrent power to enforce
this article by appropriate legisla-
tion' and the bill presented is wholly
upon the theory that the action Of
Congress is supreme and totally ig-
nores the concurrent power OF the
several states.
"THIRD-That the bill goes beyond
the prohibition of the constitutional
amendment. particularly in defining
Intoxicating liquors 80 as to include
beverages that are not in fact intoxi-
eating"
While both vets and drys say they
it remains for the Rules Committee
headed by Representative Campbell, of
Kansas, to determine whether the bill
will be brought up tomorrow or on
Thursday. Chairman Volstead an
nounced late to-day that he will ask
the Rules Committee for a special rule
to allow his bill to be brought up the
first thing when the House convenes.
Debate Limited to Day
Under this rule, if granted, general
debate on the bill would be limited to
one day, and after that the bill would
be taken up in committee of the whole
under the five-minute rule for amend
tion by section. At the expiration of
this time, unless a motion to recon-
nit is made and carried. a final vote
on the bill will be in order. 80
Under the best of circum stances it
is now admitted that it may be Friday
or Saturday before the bill can come
to vote. No action will be possible
on Wednesday, owing to the presence
of calendar business, and the Presi-
dents address to the Senate on Thurs
day is expected to interrupt the
Houses discussion.
1t is still possible that instead of
granting Chairman Volstead's request
the Rules Committee tomorrow will
refuse special rule. This will mean
that the, suggestion made by Republi-
can Leader Mondell that a separate
bill, covering wartime prohibition
alone, will be requested Of the Judiciary
Committee, the conflict on this point
between Chairman Volstead and Mr.
Mondell not yet being settled.
Regarding the enforcement of war
time prohibition, the minority report
says
"The provisions for enforcement OF
the war prohibition act contain def
milton of Intoxicating liquors which is
in effect new legislation. The act Of
November 21, 1918, prohibited the sale
OF distilled spirits for beverage pur
poses ana also beer, wine or other in
toxicating malt or vinous liquor fol-
beverage purposes. In the recent cases
in New York, where this statute was
construed, it was held that only in
toxicating beverages were included
and that beer containing 2.75 per cen
of alcohol by weight was within the
statute only if Intoxicating, which wa,
to be determined as other question o.
fact. Whether or not the original &C
CT November 21, 1918, can be- sus
tanned as valid under the war power
it seems to US that at this date, unde
the peace conditions that now exist
Congress is wholly without power t,
extend the provisions of that act g,
as to include all beverages which con
tain in excess of one-half of l De
cent of alcohol and call them intoxicat
ing.
Demand Refused
This legislation cannot be justified
on the theory that the original act
being valid and in force. an,
amendment thereof extending it's nrc
visions would likewise be valid. RI,