Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-07-08
MINORITY REPORT
>s's.$>;ylR TIME DRY
Law ASKS REPEAL
Of THE MEASURE
Five Members Sign Report
Urging That Sale Of Light
Wines and Beer Be At Least
Permitted By Government.
DECLARE CONGRESS
0VER-STEPPED POWER
By Including Definition of In
toxiCating Liquor Enforce
nent Bill Said To Become
New legislation,

ICY MORNING JOURNAL SPECIAL LEASED wIREl
washington, July Five members
of the house judiciary committee, in
minority report on the prohibition en-
forcement bill made public tonight,
declared congress should repeal the
wartime prohibition act. or at least
lift the ban insofar as it relates to
manufacture and sale of light wines
and beer.
While this report was being pre-
pared, Chairman Volstead of the jul
dietary committee announced he had
asked for a rule to make the general
enforcement bill in order for immedi-
ate consideration with a view to CALI
ing it up tomorrow in the house.
Mr., Volstead said that so far as he
was aware, there was no intention of
separating the measure so as to put
before the house a straight bill for
enforcement of the wartime law.
The minority report, signed by Rep
resentative Igoe, Missouri, steel, Penn
sylvania Gard, Ohio, democrats, and
Dyer Missouri, and Classon, Wiscon-
sin, republicans. based its objections
to the enforcement bill reported out
pal grounds and challenged the pow
er Of congress to pass 1t because in de-
fining intoxicating liquors it wen be-
yond the original act and was there
fore new legislation.
New Legislation.
on the general question of the war
time act and its enforcement the mi
nority held that the provisions for
the enforcement of wartime prohibi-
ton carry definition of Intoxicating
liquors which extends the prohibition
beyond that of the original act and to
that extent is new legislation, which
congress has not the right now to
pass under the war power. We believe
the original act should be repealed.
"That as to constitutional prohibi-
ton section of the Amendments pro-
vides that:
The congress and the several
states shall have concurrent power to
enforce this article by appropriate
legislation and the bill presented is
wholly upon the theory that the ac-
ton of congress is supreme, and total
ly ignores the concurrent power of the
several states.
THAT the bill goes beyond the pro-
hibitions of the constitutional amend
ment, particularly in defining intox-
icating liquors so as to include bev-
erages that are not in fact intoxicat-
ing"
Minority View.
The views of the minority as to en-
forcement of the wartime act were set
forth as follows:
"The provisions for enforcement OF
the war prohibition act contain a defi-
milton of intoxicating liquor which is
in effect new legislation. The act OF
November 81, 1918. prohibited the
sale of distilled spirits for beverage
purposes, and also beer, wines or other
Intoxicating malt or vinous liquor for
beverage purposes. In the recent cases
in New York, where this statute was
construed, 1t was held that only in
toxicating beverages were included.
and that beer containing 2,75 per cent
of alcohol content and over by weight.
was within the statute only IL intoxi-
eating. which was to be determined
as other questions of fact. Whether or
not the original act of November 21.
1918 can be sustained 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 provi-
sions of that act so as to include all
beverages which contain in excess OF
one-half of one per cent of alcohol
and call them Intoxicating.