The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1919-07-09

tcXicating malt or vinous liquor for
beverages purposes. In the recent
cas- in New York, where the statute
was construed, it was held that only
Intoxicating beverages were included,
and that beer containing 2.75 per cent
alcohol by weight was within the
statute only if Intoxicating, which was
to br determined as other questions Of
fact. Whether or not the original act
of November 81, 1918, can be sustain
cd 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 con-
tain in excess of one-half of one per
cent alcohol and call them intoxicat-
ing.
"This legislation cannot be justified
Oh 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 war powers, and the conditions
existing at this time are such that
not only should the act not be ex-
tended, but it should be repealed. War
activities have ceased, the treaty with
Germany has been signed, orders for
the rehabilitation of the troops will
have been carried out in few weeks,
contracts for supplies for the army
have been concluded, control of the
wires by the government has been or
dered terminated, and the restrictions
upon trade have all practically been
removed. AS to all other subjects of
legislation Congress is proceeding up
on the theory that the war is over.
"On May 20. last, in his message to
Congress, the President said:
"The rehabilitation of the military
forces has progressed to such point
that it seems to me entirely. safe now
to remove the ban upon the manufac-
ture and sale Of wines and beer
Instead of extending the act to in
clude beverages not now included in
prohibition, Congress should at least
lift the ban to the extent suggested
by the President.
eff, however, the act is valid and is
not to be repealed, the other provi-
sions will materially aid in it's en-
forcement and should be adopted"
The minority contended that prohi-
bition enforcement under the consti-
tutional amendment, could only be
legally brought about by joint State
and federal action. A lengthy discus
sion of the phrase Concurrent pow
er" as used in the amendment, with
the presentation of Supreme Court
opinions on analogous constitutional!
points which presented to 6,velop the
conclusion. is%+W
''To which the government does the
citizen owe his duty to observe the
eighteenth amendment? the report
said in presenting conclusions of it's
signors on the point.
"The answer is simple. The Stalo
surrendered to the federal government
prohibition of the manufacture and
sale of Intoxicating liquors for bever-
age purposes and simply reserved the
power that in the enforcement Of the
amendment the legislation would be
eve cannot eliminate from the Con-
stltution that concurrent power to en-
force its provisions was given to both
Congress and the several States. No
law would be passed in pursuance to
the constitution which failed to OBJ
serve this provision. Joint or concur
rent Legislation is necessary for the
enactment of proper enforcement leg
islation.
"The reason for this reservation of |
State power is plainly apparent from
the drastic legislation now attempted /
to be imposed upon the people, and
plainly offensive to probably a ma
jority Of them. The widest possible |
latitude is given to the prohibitory
section, while in the enforcement sec
tions the States are reduced to sub
ject people"