Norwich bulletin., 1919-07-08

Washington. July Five members
 of the house judiciary committee in
 minority report on the prohibition
 enforcement bill. made public tonight,
 declared congress should repeal the
 wartime prohibition act or at lea
 lift the ban insofar as it relates to
 the manufacture and sale of light
 wines and beer
 pared Chairman Volstead of the ju-
 dietary committee announced he had
 asked for a rule to make the general
 enforcement bil lin order for immedi-
 ate consideration with view to call
 ing it up tomorrow in the house.
 The minority report, signed by Rep
 resenratives Igoe. Missouri; Steele
 Pennsylvania Gard Ohio democrats
 and Dyer Missouri and Classon, Wis
 consin- republicans. based it's objec-
 tfous to the enforcement bill reported
 our by the committee upon three principal grounds, and challenged the power of congress to pass it because in defining intoxicating liquors it went beyond the original act, and was therefore new legislation.
 On the general question of the war time act and it's enforcement the mi nority report held-
 That the provisions for the en- forcement of wartime prohibition car " a definition Of intOxicat ting liquors winch extends the prohibition beyond that of the original act. and to that extent is new legislation which con- gross has not the right now to pass under the war power. We believe the original act should be repealed
 That as 10 constitutional prohibit tion- sction Of the amendment pro- Ttdes that
 The congress and the several states shall have concurrent power 10 enforce this article by appropriate legislation. and the bill presented is wholly upon the theory that the ac- IIon Of congress is supreme. and to- tally ignores the concurrent powers of the several states.
 That the bill goes beyond the pro- hibition of the constitutional amend ment. particularly in defining 'intoxi- eating liquors so as to include bev- ersges that are not in fact intoxicat- ing
 The views of the minority as to en- 1orcement of the wartime act were set | forth as follows
 The provisions for enforcement of ! the war prohibition act contain a | definition of intoxicating liquor which Is In effect new legislation. The act l of November q, 1918, prohibited the safe of distilled spirits for beverage purposes and also beer, wine or other Intoxicating malt or vinous liquor for beverage purposes In the recent cases in New York. where this statute was construed. it was held that only in roxics ting beverages were included, and that beer containing 2.75 per cent. or alcohol by weight was within the statute only if intoxicating which was to be determined as other ques- tious of fact
 Whether or not the original act of November 21. 1918, can be sustained as valid under the war power it seems to us that at this date under the peace conditions that now exist | congress is wholly without power to extend the provisions of that act so as to include all beverages which contain in excess of one-half of one per cent of alcohol and call them in- toxicating-
 This legislation cannot be justified on the theory that the original act being valid and in force that any amendment thereof extending it's pro- visions would likewise be valid. The power of congress rests wholly on the ing at this time are such that not only should the act not be extended but II should be repealed
 ~on May 20 last, in his message to congress. the president said:
 The disqualification of the military forces has progressed to such point that it seems to me entire safe now to remove the ban upon the unanu-
 Instead of extending the act to in clude beverages not now included in the prohibition congress should at least lift the ban to the extent sug- sested by the president.
 In however, the act is valid and is not to be repealed, the other provi- slo1S will materially aid in it's en- forcement and shoESe be adopted"
 The minority contended that prohi- biti9n enforcement, under the consti- tutional amendment, could only be legally brought about by joint state and federal action A lengthy dis cusSion of the phrase concurrent l power" as used in the amendment with the presentation of Supreme | Court opinions on analogus consti- points, was presented to de- ] velop the conclusion.
 To which government does the citizen owe his duty to observe the eighteenth amendment ?" the report / said The answer is simple The ' ' state surrendered to the federal gov ! srnment prohibition of the Inanufac- ture and sale of intoxicating liquors l. Tor beverage purposes and simply : the power that in the en- 7 -orcement of the amendment the leg : station should be concurrent 7
 We cannot eliminate from the con- that concurrent power to en- - 'orce its provisions was given to both : congress and fhe several state Joint ,r concurrent legislation is necessary Tor the enactment of proper enforce [ rent legislation The reason I or this reservation of state power is c lily arl'ar-7- from the drastic p egislation now attempted to be inn n 'osed upon the people, and plainly of V snsive 70 probably a majority of J hem The widest possible latitude is t ,iven to the prohibitory section, while g n the enforcement sections the states %