Arizona republican., 1919-07-08
Validity of Enforcement Bill Attacked by Five Mem bers of House Judiciary Committee - Would at Least Lift Ban on Light Wines and Beer
Republican A. & Leased wire1

WASHINGTON. July Hive mem- bers of the house judiciary committee. in a minority report on the prohibition enforcement bill made public tonight, declared congress should repeal the war time prohibition act or at least lift the ban insofar as it relates to the manufacture and sale of light wines and beer.
 While this report was being pre- pared. Chairman Nolstead of the ju- dietary committee announced he had asked for a rule to make the general enforcement bill in order for imme- diate consideration with a view to calling il up tomorrow in the house.
 Mir Nolstead said that so far as he was aware there was no intention of separating the measure so as to put before the house a straight bill for en- forcement of the war time law.
 The minority report, signed by Rep resentatives Igo. Missouri Steel. Pennsylvania; Gard. Ohio. democrats, and Dyer, Missouri and Classon. Wis consin, republicans. based it's objec tions to the enforcement bill reported out by the committee upon three prin- cipal grounds, and challenged the power Of congress to pass it because in defining intoxicating liquors, it went beyond the original act and was there fore new legislation.
 Beyond Reach of Congress
 On the general question of the war time act and it's enforcement, the minority report held that the provi- sions for the enforcement of war time prohibition carry a definition of intox- icating liquors which extends the pro- hibition beyond that of the original act and to that extent is new legislation. which congress has not the right now 10 pass under the war power. We be- lieve the original act should be re- pealed
 That as to constitutional prohibi- ton, section two of the amendment provides that:
 The congress and the several states shall have concurrent power to enforce this article by appropriate legislation, and the bill presented is wholly upon the theory that the &C., ton of congress is supreme, and to- tally ignores the concurrent power of the several states.
 That the bill goes beyond the pro- hibitions of the constitutional amend ment. particularly in defining 'intoxi- eating liquors so as to include hever- ages that are not in fact intoxicating. "
 Bill Is New Legislation
 The views of the minority as to en- forcement of the war time act were set forth as follows:
 The provisions for enforcement of the war time prohibition act contain a definition of intoxicating liquor whict is in effect new legislation. The act oi November 21. 1918 prohibited the sale of distilled spirits sor leverage pur- poses, and also beer, wine, or other intoxicating malt or vinous liquors for beverage purposes. in the recent cases in New York where the state law was construed it was held that only intoxicating beverages were in. cluded, and that beer containing 2.7I per cent of alcohol by weight wa. within the statute only if intoxicating which was to be determined as othei questions of fact. Whether or not tn, original act of November T. 1918. cal 'be sustained as valid under the wa power, it seems 10 us that at this date under the peace conditions that nov exist, congress is wholly without DOW CT to extend the provisions of that &c so as to include all beveraees whicl contain in excess of one half of on per cent of alcohol and call them in toNica tfun