The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-08-11
Prohibition Enforcement Leg.
isIatiOn Advances Step.
Senate judiciary Takes Up
Amended Measure.
BILL MUCH LESS DRASTIC NOW
Will Not Interfere With Private
Liquor Stocks.
Clause Making IntOxicatiOn Un-
lawful Stricken Out.

Washington, Aug. 11.-Prohibition
enforcement legislation advanced
another step in congress today when
the senate judiciary committee began
consideration of the bill passed by the
house last June as amended and liber-
allied by the judiciary subcommittee.
Altho the general house plan for
enforcement of wartime and constitu-
tional prohibition remains in the bill,
the subcommittee eliminated several
drastic house provisions and modified
others. In it's work, the sub-commit-
tee, comprising Senator Sterling, of
South Dakota, chairman; Fall, of New
Mexico, and Norris, of Nebraska, Re-
publicans, and OYerman, of North
Carolina; Walsh of Montana, and
King. of Utah. Democrats. first revised
| the senate enforcement bill and then
incorporated their amendments in the
house bill, reporting the latter as
amended by unanimous vote to the
full committee. Like the house, the
senate subcommittee adopted the
plan of having separate sections in
the bill to deal with wartime and
constitutional prohibition.
The subcommittee left unchanged
the house definitions of intoxicating
beverages as those containing one-half
of 1 percent or more of alcohol.
AS revised, the bill will not inter-
fere with storage and personal use of
Intoxicating liquors in the homes of
individuals.
Can Make Wine at Home.
Probably the most liberal amend
ment to the house bill is provision
exempting from penalties ANY person
manufacturing Notwithstanding cider
and fruit juices exclusively for use in
his house" This would permit home
manufacture of light wines and cider
for personal consumption and the
| amendment except by Implication in
connection with the definition OF in
toxicapts. does not define non-intoxl-
eating beverages.
Stricken from the house bill was the
provision making it unlawful for per-
sons to be intoxicated or to drink
liouor on trains street cars, jitneys.
boats or other public conveyances.
Less Drastic Search Provision.
Another liberalization is a provision
that reports of manufacture, sales and
transportation of liquor, made to the
internal revenue collector, shall not
be open to inspection of the general
public, but kept solely for scrutiny OF
the commissioner, his agents, court or
other officers.
The house search warrant provision
also was made less drastic, the sub
committee amending the search and
seizure sections so as to provide that
search warrants may be issued only
under the usual practice provided by
existing federal law and not on mere
suspicion that liquor is being stored
for unlawful purposes. Instead OF the
house bills unlimited provision for
funds to enforce prohibition, the sub
, committee fixed $S,5O0,Ooo for the
| first years enforcement work, and
leaves this duty Jointly to the internal
revenue commissioner and the de-
partment of justice. The former is to
report and the latter to prosecute vio-
( lations.
Exempt "Near' Booze.
In defining Intoxicating liquors. the
! subcommittee added the following
liberalizing proviso:
Provided. however. that the fore
going definition, (one-half of l per
cent alcohoD shall not extend to de-
alcoholized wine nor to any liquor or
| LIQUORS, produced by the process by
| which beer, ale, or porter is manufac-
! tured but containing not more than
4 one-half of l per cent of alcohol; II
such liquor or liquid shall be other
wise denominated than as beer, ale or
! porter"
This proviso rejects the request of
prohibition advocates. for prohibition
of beverages which have The appear
\ ance of intoxicants.
| Another relaxation of the house bill
was made in its provision for penaliz-
| ing persons having reason to believe"
their property is being used unlawful
/ ly. The senate amendment requires
personal knowledge of such use.
! Defendant Must Prove Innocence.
The house provision declaring that
after February /. 1920. the possession
of liquor unauthorized by the law
shall be prima facie evidence that it
} -. i 4
strengthened by an addition providing
that. in proceedings under this section.
the burden of proof shall be on de-
PENDANTS to prove that such beverages
do not contain more than one-half of
one per cent alcohol The sub-com-
mittee revision retains the following
exemptions as provided by the house:
Denatured alcohol. medicinal prep
arations, patent medicines. toilet and
medicinal preparations, flayoring ex-
tracts, syrups. vinegar and fruit juices.
The Subcommittee, however, struck
should be 'non-potable" prescribing
merely that they shall be unfit for
beverage purposes"
A house clause requiring alcoholic
content OF toilet, medicinal apd anti
septic articles to be labelled was
! stricken out.
! Drug Stores and Doctors.
Retaining the house provision pro-
! hibiting manufacture, sale, purchase,
transportation or prescription of in
| toxicants without a permit from the
internal revenue commissioner the re-
vised bill contains a provision that
such acts shall be expressly authorized
upon receipt Of permits The house
| limit of ten days on permits to pur-
chase intoxicants also is extended in
the revised bill to ninety days Phar-
macists only may sell at retail and
Continued on Page TwO.1