The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-07-19
CEN'l COUNSEL WHEELER
EXPLAINS LEGAL INTERIM
Method of War Prohibition Enforce
mcnt--UntiI Enforcement Code
. Is Enacted.

General Counsel Wheeler Of the
ANU Saloon League OF America has is
sued the following statement relative
TO the enforcement bf the war pro-
plbition act in the interim before the
passage of war prohibition enforce
ment code by congress.
In discussing the situation he en-
phaSlzed the fact that differences of
opinion as TO whether the wartime
prohibition act permits the manufac-
ture of as per cent beer and conse-
Quant difficulty in enforcing the meas
IRE is added reason why congress
should enact at the earliest opportun-
ity the pending war prohibition en-
forcement code, This code would
prohibit all beverages in excess of
half per cent alcoholic content
He pointed also to the fact that de-
csions of various lower courts that
light beer and wines are not intoxi-
eating nd therefore not unlawful I'M
der the war prohibition act are mere
~ in his opinion a repetition of the
litigation attending the Webb Kenyon
act against liquor shipments into dry
states which the supreme court de-
ciared constitutional after many lower
courts had held otherwise Wheeler's
statement is as follows:
Whceicr's Statement.
THE war prohibition act can and
doubtless Will be fairly we'll enforced
in the interim before the passage Of
the war prohibition code by congress.
The attorney general has indicated
that United States district attorneys
have been instructed to enforce the
law There is a question. OF course,
as 10 what the law means. We do not
believe that the New York court has
placed the right construction upon it.
This will be settled in other courts
later on, If other courts follow the
opinion of the attorney generals Of
flee In constituting the law as outlined
in the governments briefs in the New
York case, all beer and wine will be
prohibited under the war prohibition
act.
We have met similar situations in
constituting these laws relating 10 in
toxicating liquors. When the Webb
Kenyon act was first brought to the
attention of the courts. the Kentucky
judges declared II was void or prac-
tca,ly nullified it by construction
One or two other courts did likewise
This did not prevent further prosecu-
ton and the right OF the government
TO insist upon a reasonable construc-
ton of the law and give the reasons
for its onstitntionality. IT took some
time to get the case before the Su-
preme Court. which gave its decision
in full accord with the governments
theory of the law. During the two
years fight over this question, the
courts We're divided ~ their opinion.
but il did not stop aggressive prose-
cution and the right of the courts to
give their opinion of the law. regard
less Of the fact that similar courts
had construed the law Incorrectly
We have every reason to believe
that some courts at least will sustain
the law on the theory advocated by
the government II is the duty of
United States district attorneys to
prosecute violations Of law and the
United States marshal and their depu-
ties to apprehend law violators. Tn
der section 101 OF the federal statutes,
all state officers arc authorized to
make arrests and have the parties
bound over to the federal court
The difficulties which we are fac
ing in the enforcement of this act is
an added reason why congress should
pass the war prohibition code at the
earliest possible date. OF course,
congress may repeal the beer and wine
provision, but we do not believe they
will do 1t. Beer and wine have been
side partners with whiskey for years
and they should die and be buried in
the same grave"