The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-06-27
ONE BILL COVERS
ALL PROHIBITION
House Committee Puts War
and Peace Provisions in
Same Measure.
IN DIFFERENT SECTIONS
loss Drastic Gard Wartime
Provision Substituted.
for Volstead's.
s,,c,al Despdtch TO tn. sux.

specidl Despdfch to TH. srS.
WASHINGTON. June 26.-By a vote OF
"a to 8 the House judiciary Committee
declined to-day to separate war pro-
h,b,ion from constitutional prohibition
IN different measures BY the same vote
n agreed to substitute in the voistead
hul the Gard wartime prohibition meas
u-e which passed the House last session
for the more drastic provision drawn by
chairman volstead and to separate war;
time prohibition. Constitutional prohibi-
ton and reguisn1sn q industrial alco-
hN in three tit&se % that the invali-
dasng Of one title would not affect the
validity OF the otherA
This action was taken in anticipating
Of the possible declaration of demobili-
ration by the President, which declara-
tlon would put an end to the wartime
prohibition provision. ..
May Report Eli To-day.
The completed bill will be presented
10 the committee tomorrow and prob
ably will be reported to the HOUSE
forthwith.
By the substitution Of the Gard bill
for the volstead wartime prohibition
PROVISION the vets on the committee
and IN Congress gained a half victory.
,nasmuch as the endorsement provisions
Of the Gard measure are much less dras-
tic than the 'volstead proposal. The
remaining two titles Of the bill have
not been changed from the form In
which they have been published from
time TO time.
The Gard measure constructs the words
Deer, wine or other intoxicating malt or
yinous LIQUORS" to mean any liquors
which contain more than one-half Of one
Der cent. Of alcohol by volume.
Section places Investigations of
violations under the Commissioner Of
Internal Revenue and prosecutions un-
der the United States Attorney for the
district In which the offence has been
committed. '''''''''''-''
Any structure where Intoxicating
Nouors are manufactured bartered. sold
or kept for sale Is declared a public
nuisance under section 8. and on con-
vtction the persons or person keeping
such nuisances are made subject to a
fine Of from 800 to $1,000 or imprtson-
ment from thirty days to one year. or
both The owner of property used for
such purpose by another with his knowl-
edge is liable within the limits OF the
value Of the property for costs and fines
assessed against the occupant thereof.
Under section 4 actions to enjoin such
nuisance may be Instituted by the
United States Attorney or his agent.
who may prosecute suit In equity for
that purpose. Temporary inJunctions to
restrain from use Of property for such
purposes pending trial are also provided
for under section 4. which reads In part: :
IF 1t be made to appear by afiidavit
or other evidence under oath to the
satisfaction Of the court or judge In
vacation that the nuisance complained
OF exists a temporary writ Of injunc-
ton shall forthwith issue restraining the
defendant or defendants from conduct
ing or permitting the continuance OF
such nuisance until the conclusion OF the
trial
No bond to he Required.
Where a temporary Injunction is
prayed for the court may issue an order
restraining the defendants and all other
persons from removing or in any way
interfering with the liquor or fixtures or
other things used In connection with
such alleged illegal sale of such liquor.
No bond shall be required as a condition
for making any order or issuing any
writ Of Injunction under this act.
"It the court shall ind the property
involved was being unlawfully used as
aforesaid at or about the time alleged
in the petition the court shall order that
no liquors shall be sold. bartered or
stored in such room, house. building.
boat vehicle, structure or places Of any
kind for a period of not exceeding one
year or during the, war and the period
OF rehabilitation.
whenever an action to enjoin a nuis-
ance shall have been brought pursuant
to the provisions Of this act II the owner
appears and pays all costs OF the pro-
ceedings and files a bond with sureties
10 be approved by the clerk of the court
in which the action IL brought In the full
value Of the property conditioned that
he will Immediately abate said nuisance
and prevent the same from being estab-
lished or kept therein for a period OF one
year thereafter the court or in vacation
the Judge may, IL satisfied Of his good
faith. direct by appropriate order that
the property. II already closed or held
under the order of abatement. be de-
ltversd TO said owner and said order of
abatement cancelled so far as the same
may relate to said property.
"or II said bond be given and costs
therein paid before judgment on an
order Of abatement the action shall
be thereby abated as to said room.
house, building, boat. vehicle. structure
or places only. The release Of the pro-
perty under the provisions OF this sec
ton shall not release II from any tudg-
ment, lien. penalty or liability to which
il may be subject by law.
Heavy Penalties Provided.
in case OF the violation of any In
junction, temporary or permanent
granted pursuant to the provisions OF
this act the court, or In vacation. a
Judge thereof, may summarily try and
punish the defendant The proceedings
for punishment for contempt shall be
commenced by filing with the clerk OF
the court from which such injunction
Issued information under oath setting
forth the alleged facts constituting the
violation whsreupon the court or judge
shall forthwith cause a warrant to issue
under which the defendant shall be ar
rested The trial may be had upon AMI
davtts or either party may demand the
production and oral examination OF the
witnessed
Any person found guilty OF contempt
under the provisions of this section shall
De punished by a fine OF not less than
1900 nor more than $1,000. or by i'm
prsonment OF not less than 30 days nor
more than twelve months. or by both
me and imprisonment"
SIX CoMM0NERs WAIVE PAY.