New-York tribune., 1919-07-08

power OF Congress rests wholly or
the war power, and the conditions ex.
lsting at this time are such that not
only should the act not be extended
but 1T should be repealed. War activi-
ties have ceased, the treaty with Ger.
many has been signed, orders for the
demobilization of the army will have
been carried out within a few weeks
contracts for supplies for the army have
been cancelled, control of the wires by
the government has been ordered ter
minated and restrictions upon trade
have practically ali been removed.
AS to all other subjects of legislation
Congress is proceeding upon the
theory that the war is over.
"On May 20 last. in his message to
Congress, the President said:
1.-The demobilization Of the military
forces has progressed to such a point
that 1t seems to me entirely safe now
to remove the ban upon the manufac-
ture and sale of wines and beers"
In discussing concurrent power to
enforce legislation, the report says in
part;
previous to the adoption of the
Eighteenth Amendment it was never
doubted that the power to prohibit
the manufacture and sale of liquors
was reserved to the several states"
Say Joint Action Needed
"These conditional prohibitions call
Tor the exercise of joint action by
Congress and the state--frst, the en-
actment Of legislation by the state, and
the consent of Congress to the enact
ment of the legislation. But joint
action is required before such legisla-
tion can be made effective.
What, then, was the power dele
gated to the United States in the
eighteenth amendment? The first sec
tion Of the amendment prohibits the
manufacture or sale Of Intoxicating
liquors for beverage purposes. This
provision will undoubtedly be self
executing in SO far as it prohibits the
manufacture and sale of beverage pur-
poses in any part of the United States.
sets aside all laws inconsistent with
it.
"The second section of the amend
ment further provides the Congress
and the several states shall have con-
current power to enforce this article
by appropriate legislation
"The word concurrent is usually
refined as acting jointly or together,
to cooperate, to unite 1t is in this
sense that the word is commonly un-
derstood. If Congress IS supreme to
legislate upon the subject matter of
the amendment, then the word con
current as used ir the amendment
is meaningless"
Concerning the extent of the power
OF Congress to enforce a constitutional
amendment, the report says in part:
assuming, however, that Congress
has power to legislate without regard
to the concurrence of he states, what
is the extent Of that power? The
majority contend that Congress may
not only enact full code Of law for
enforcement, but under the authority
to enforce by appropriate legislation,
Congress may define Intoxicating
liquors so as to include non-intoxi-
cants and punish acts which them
selves are not forbidden by the
amendment.
See Power Exceeded
"The contention Of the majority. il
upheld, would make void the care
fully selected words used in the
amendment to restrict and define the
acts which are made unlawful. 1t
would substitute for the words 'ir-
toxicating liquors the words ANY
liquor or the words alcoholic liquor
~ Woulu llhcWlS0 cHCCIlQ Cno power OF
Congress beyond manufacture trans
portation,' sale import and export
and in their stead would insert gen
eral control for every purpose. Fol-
lowed to its logical conclusion, it
would render meaningless the ]imita-
ton imposed by the ues of tho words
for beverage purposes
"The words ,sintoxicating liquors.
have definite meaning, and whether a
beverage is Intoxicating is a question
of fact. Courts have defined the
phrase and legislators and Congress
have used it freely. The fact that so
many states have defined intoxicating
liquors as stated in the majority re-
port, is proof that Congress did not
intend, whea drafting the constitu-
tlonal amendment, to forbid non-in-
toxicants. In states where local option
and prohibition laws were in force ex-
perience had shown that under state
laws, where the term Intoxicating
liquor was used. the courts would rot
convict when in fact a notwithstanding
beverage was sold Congress in gem
eral legislation affecting liquor has
always used the words Intoxicating
liquor and has never in such legisla-
ton defined liquors SO as to include
uOn-intOxicante ,,