New-York tribune., 1919-07-01
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Makers New York
be so short that they could not do so
with profit.
"Therefore the country would go on
whiskey drinking basis for one last
wild debauch," Mr.. Randall added.
There is no sense in it. My bill is de-
signed to prevent it
The text of the Randall bill follows:
"That from and after the approval
of this act, no distilled spirits held In
bond shall be removed thcrefrom for
beverage purposes. The Commissioner
of Internal Revenue is hereby author
lied and directed to prescribe rules
and regulations, subject to the approval
of the Secretary Of the Treasury, in
regard to the removal Of distilled spir-
its held in bond for other than beverage
purposes. After the approval Of this
act no distilled, malt, vinous or other
intoxicating liquors shall be imported
into or exported from the United
States. nor shall any such liquors be
transported by common carrier or by
any person in any manner from one
United States Any person who shall
violate this act or any rule or regula-
tion made hereunder shall be pun
ished by fine not exceeding $4,000, or
by Imprisonment for not more than two
years, or both"
"Drys" Expect a Fight
The dry" majority Of the judiciary
Committee, anticipating an effort by
the "wets" on the floor to strike out all
provisions Of the enforcement bill deal
ing with war prohibition, argued in its
report that war prohibition cannot be
effectively enforced on the basis OF the
penalties provided in the original war
prohibition act. 1t is upon this basis
that the enforcement Of the law must
be attempted by the Department Of
Justice and the Bureau of Internal
Revenue tomorrow, in the absence Of
specific enforcement legislation by
Congress. On this point the report
said:
"The act provides no machinery for
its enforcement; it simply prescribes a
penalty for the manufacture or sale Of
Intoxicating beverages. That such A
statute cannot be effectively enforced
without additional remedies has been
abundantly demonstrated by the exper-
lence Of states and communities where
1t has been tried. The Attorney Gen
eral, answering request for his views
IN regard to a similar measure said,
under date of February 10, 1919: when
this law (war prohibition) goes into
effect, some legislation for it's enforce
ment would seem to be impcrative' The
Secretary OF the Treasury, in a report
on that bill, likewise recommended
legislation for its enforcement A law
prohibiting traffic in Intoxicating
liquors that cannot be enforced is
worse than no law"
Randall Issues Statement.
Representative Randall thought the
law would be effectively enforced.
even without specific enforcement leg
lslation. He issued this statement TO-
night:
NINETY per cent Of the saloons Of
the country will close at midnight TO-
night. never 20 open again The own
ers of the other 10 per cent will face
Federal courts in the remaining fifteen
wet states within forty-eight hours
thereafter. The dry forces are organ
lzed thoroughly for the purpose of as
slstng IN the prompt enforcement Of
the law. believing that effective en-
lorcement is highly important with
the beginning of national prohibition" j"
he maJor part of the judiciary
Committee majority report is given
over to an argument to prove that Con
gress has the power under the Con
stitution to define what liquors shall
be regarded as Intoxicating" under
! the Eighteenth Amendments TIE mi
norlty report will concern itself chiefly
with refutation of this argument.
1t was absurd, the report said. to
charge Congress with bad faith in not
allowing brewers and distllers the one
year Of grace provided for in the
Eighteenth Amendment to dispose of
their stocks. This charge comes only
from members Of the outlawed trade
/ it added.
There was a specific reason for each
OF the stringent provisions for the en-
forcement Of national prohibition, the
report asserted These provisions
those enacted by most of the dry
states.
Must Be Temporary
Explaining its eleventh. hour decision
TO disentangle the provisions for war
time and constitutional prohibition en-
forcement, the report said:
"The committee deemed it advis-
able 70 provide different provisions for
enforcing war prohibition from those
embodied in the permanent prohibi-
ton code. 1t hnsitatcd to ask Congress
TO broaden the Inhibition against tho
manufacture and use Of intoxicating
beverages contained in the existing
war prohibition acts, and as war pro
hlbiticn goes into effect before this
Dill can be enacted into law, and nee
essarily must be temporary. it was not
considered advisable to insist on all
the machinery deem <mcc cssary for
the enforcement of r1&h hanent pro-
hibtion.
"It is not ncccssary.r the report
continues, "to discuss whether Con-
grcss had tho power to pass war pro-
hibltion. or whether these statutcs arc
still in force. AS recently as June %,
-FOUR days ago, tho Circuit Court of
Appeals In New York sustained the
validity Of these acts
"}t has been frequently assorted
that war prohibition will be terminated
In the near future 50 far as the
committee is advised, there is no rca-
son for theac assertions. Congress-.
IN the act. declares that It shall con-
tlnuc in fore" during the present war
and during dcmobolization The Prcsi-
dent is given power to declare when
emobolization Is complete, but he has
no power TO determine when in his
Judgment 1t might be unnecessary TO
longer maintain it in force; that in a
question that Congress has scttlcd.
That war exists both with Germany
and Aust ria Hungary needs no arpu-
ment.
No Breach Of Good Faith
"The argument that under tho con-