Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-07-03
House Committee Contends That
National Legislature Has the
Right to Define Intoxicating
Liquor"
SUBMITS A REPORT
Declares That 1t Is Question of Fact
md Not LAW, and That No Court
May Say What Percentage of A1cO-
hoI in Liquor Makes 1t Intoxicating

Washington. June 3O.-Contending that
no court may say as n matter or law
what percentage of alcohol in hquor
makes it intoxicating the judiciary com
rdttee, In a report to-day to the fouse
on prohibition enforcement legislation, de-
clared this was question OF fact ana
not law, and as such, was clearly withh
the province of Congress.
The committee held that the right of
Congress to define Intoxicating liquor
as a beverage containing more than one
half of one per cent alcohol was in tuii
accord with its constitutional powers and
that every state, in dealing with alco-
holic liquors had named products of that
percentage as Intoxicating and had eth
err prohibited use of such liquors or SUBJ
jected them to heavy tax.
"To define what is intoxicating does
not trespass on the province or the
court" said the majority report prepared
by Chairman Nolstead. mo court can
say as a matter of law, what percentage
of alcohol in liquor makes it intoxicat-
ing, nor what toxic effect is intoxication.
These are questions of fact and not law,
and as such, are clearly within the
province of Congress. An equal quantity
of the same liquor may make one per-
son dead drunk and but slightly affect
another.
"As some contend there may be per-
sons who have become so tolerant of
alcohol that they cannot get drunk on
beer containing two and three-quarters
per cent of alcohol by weight, which,
by the way, contains only one-half OF
one per cent of alcohol less than the
ordinary beer But we are not legislat-
ing for a special class. This amend
11x
and to prevent the sale of any liquor
that will make anybody drunk. 1t is
not only intoxicaton that this amend
ment seeks to prohibit, but the useless
waste as well of the uncounted mil
lions in money that should go to pro-
vide luxuries, comforts and conveniences
In the home"
The general enforcement bill, as re-
ported out by the committee last Fri
day, was split into three parts each
separate and distinct, with the war
time section as part one. The repor
of the committee on the bill as made
to-day explained that the WARTIME
act itself provided no machinery fol
its enforcement. merely prescribing {
--,. for the manufacture and'--5i'
Of int. ..:s.erfi,s - ,s.sseragc-;: wal
brought out that Attorney-Genera
Palmer answering request for hi
views, said when war prohibition wen
into effect "some legislation for 1t
enforcement would seem to be neces
sary." The secretary of the treasur,
also recommended additional legisla
ton and in this connection the repor
said that law prohibiting traffic Ii
intoxicating liquors that could not b
enforced was worse than no law
The report said that so far as tn
committee was advised, there was n
reason for the assertions often heard
that war prohibition would be termi
mated in the near future.
1T would SEEM" the report adde
in this connection. that there is a fai
chance war prohibition may last unit
constitutional prohibition takes effec
in January of next year. which is onl
a little more than six months off"