The sun., 1919-02-24
DRY LAW BASED
ON WAR EDICT,
CONGRESS- PLAN
Measure Will Give Revenue
Commissioner Full En-
forcement Power.
STATES STILL INACTIVE
Confusion and Many Civil
Suits Expected to Follow
Various interpretations.
STATES STILL INACTIVE
sptcsal pespatch to TUE sus.

WASHINGTON, Feb. a. The statute
Under which the Federal Government
will enforce nationwide prohibition as
provided by the Eighteenth Amendment
10 the Constitution Is to be based upon
the law now being drafted by the Ju-
dietary Committee of the House OF Rep
resentatives to enforce the wartime pro-
hihtion law. enacted at the last session
Of Congress, which will become effective
July /.
Reports received hese indicate that the
various State legislatures have given lit
lie consideration to-the enactment OF sup
Elementary legislation for the enforce
,pent Of the amendment, but seem IN
cllned TO leave the entire matter to the
national Congress. 1t Is recognized that
such legislation would be very difficult
Of passage in many States, particularly
IN those which have not yet ratified the
amendment.
The law now being drafted by the Ju-
dietary Committee delegates to the Com
missioner Of Internal Revenue the tasl,
OF Investigating and surveying the liquor
sl.uation throughout the United States
/, will be the duty of this official to re.
port violations OF the law TO the United
States District Attorneys, who will prose-
IlIe all NlOidlOIs VI tll6 act.
It Is expected that innumerable civil
actions will arise in the way of claims
FOR abatement and injunction proceed
!ngs. but under the law as now being
drafted these actions will be referred
either to the State or Federal courts OF
20 both. In this the Jurisdiction of State
and Federal tribunals will be concur
rent-and It is with this feature of the
Jaw that the Government hopes to cover
me concurrent power" clause in
prohibition amendment.
Il Is recognized that in the civil ac-
tons which will certainly occur there
all, be findings and decisions that differ
greatly. 1t is natural TO expect that ac-
lions brought in the courts Of States
which have not ratified the Federal
amendment at all, or which have ratified
It through Legislatures only. without the
people voting on the question. will be diff.
fsrent from those brought in States
which have ratified the amendment.
There are broadly diverse opinion,
among jurists and Judges throughout thu
United States as to the constitutionality
q the bone dry law. Opponents of tht
law are bound to advance the opinion
that az q wartime enactment It Is with.
out force now that the war Is over. Or
tie other hand. the anti-liQuor forces
viii assert that the law was also ar
emergency measure, and that as grea
an emergency exists to-day as did dur
ing the war. These decisions and find
irgs probably will be Strengthened GU
on their way UP to the higher courts.
Friends Of prohibition hold that Their,
viii be no difficulty in obtaining judicia
ratification of the action of Congress II
passing the amendment. When tn,
question of the enforcement OF th'
amendment arises the courts will have
lad more than six months experiences
Nth the statutory prohibition as {
asls for guidance. Enforcement OF tn
constitutional amendment is regarded a.
a far simpler matter. from a legal poln
q view, than the enforcement of TIL
wartime prohibition act.