South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-08
FIVE MEMBERS
FAVOR REPEAL
Of DRY MEASURE
Congressional Judiciary Com
mittee Split on War
Prohibition Law.

NAEFt1NAf IN july 81 - r I've
members OF the house judiciary
committee. IN "A minority report on
the prohibition enforcement bill
made public Monday night declared
congress should repeal the war tim
prohibition act or al least lift the
han insofar as IL relates 20 the man
ufacture and sale Of light wines and
beer
While this report was being pre-
pared Chairman Nolstead OF the iu-
CIaarv committee announced that
ne had asked for a rule 10 make the
general enforcement bill in order for
immediate consideration with
view 10 calling il up Tuesday ia the
house. There was no assurance.
however. that debate would begin
~ once and the general view was
that consideration would go over
until Thursday.
l1r NOlstead said that so far as
he was aware there was no intention
&C. separating the measure SO AS 10
pot before the public straight bill
for enforcement OF the war time
law. Members said Monday night
one mans guess was as good as an
other as TO whether the prohibition
question would be called mp Tues
day
Challenge Congress- Power.
The minority report signed by
Rep Igoe. Missouri: steele, Penn
sylyauia; Gard. Ohio. democrats.
ana Dyer. Missouri. and Classon,
Wisconsin, republicans, based its oh
iccdOns 70 the enforcement bill re-
ported out by the committee upon
three principal grounds and chal-
lrrged the power Of congress to pass
il because in defining intoxicating
liquors IT went beyond the original
act and was therefore new legisla-
ton
ON the general question Of the war
time act and its enforcement the
miurity report held.
THAT the provisions for the en-
forCCment OF war time prohibition
cary definition OF intoxicating
liquors which extends the prOhibi-
ton beyond that of the original act.
and 10 that extent is new legislation,
consreso has not the right now TO
pass under the war power We be-
levc the original act should be re-
p aled.
Cites Section Two.
THAT as TO constitutional prohi-
bition. section two Of the amend
mcnt provides that
The congress and the several
states shall have concurrent power
t. enforce this article by appropri-
ate legislation and the bill present
ed IS wholly upon the theory that
the action of congress is supreme,
and totally ignores the concurrent
power OF the several states.
That the bill goes beyond the
prohibitions of the constitutional
amendment. particularly in defining
Intoxicating liquors so as 10 in
crude beverages that are not in fact
Intoxicating"
Sets Ont Views
The views of the minority as to
enforcement OF the war time 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.
Tie act OF Nov. d. 1918. prohibited
Crage purposes and also beer. wine
Cr other intoxicating malt or vinous
liquor for beverage purposes. In
the recent cases in New York, where
tlIis statute was construed, il was
held that only Intoxicating beverages
were included. and that beer con-
taining e75 percent OF alcohol by
weight was within the statute only
II Intoxicating which was TO be de
terminCd as other questions of fact
Whether or not the original act OF
Nov. Il. 1918. can be sustained as
valid under the war power. IL seems
20 Us that at this date. under the
peace conditions that now exist, con
gress is wholly without power tC
extend the provisions Of that act ST
as 10 include all beverage which
contain in excess of one-half OF one
percent OF alcohol and call them in
toxfcating.
Legislation Not Justified
This legislation cannot be JUST
ded on the theory that the origina
act being valid and in force that any
amendment thereof extending il.
provisions would likewise be valid.
The power OF congress rest,
wholly on the war power. and tn,
conditions existing al this time ar.
such that not only should the ac
not he extended but il should be re
pealed. War activities have ceased
the treaty with Germany has beer
signed. orders for the rehabilitation
OF the army viii have been carrie,
out IN a few weeks. contracts fol
supplies for the army have beer
cancelled. control OF the wires by
the government has been ordere,