The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-08
Denies Congress Can Now Use
War Power for Defining In
toxicating Beverages.
STATE RIGHTS INVOLVED
Asks Repeal and Cites Wilson
on Lifting Ban on Beer
and Light Wines.

forcement bill made public tonight de-
clared Congress should repeal the war.
time prohibition act or at least lift the
ban In 80 far as It relates to the manu-
facture and sale of light wines and beer
While this report was being prepared
Chairman volstead of the Judiciary
Committee announced that he had asked
for a rule to make the general enforce
ment bill In order for immediate con-
sideration with a view to calling 1t up
tomorrow in the House. There was no
assurance, however. that debate would
begin at once. and the general view was
that consideration would go over until
Thursday.
Mr. volstead said that 30 far as he
was aware there was no intention of
separating the measure so as to put
before the House a straight bill for en-
forcement Of the war time law. Members
said last night one mans guess was as
good as anothers as to whether the
prohibition question would be called up
tomorrow.
. The minority report. signed by Repre-
sertatives Igoe (Mo), Steele Pa)
Gard (Ohio), Democrats, and Dyer
| (Mo), and GLEASON (Wis), Republi-
cans based its objections to the enforce
ment bill reported out by the committee
upon three principle grounds, and chal-
ienged the power OF Congress to pass It
because in defining intoxicating liquors
II went beyond the original act and was
therefore new legislation.
Points in Minority's Report.
! on tho general question OF the war
time act ind It's enforcement tie minor
ity repor. held
| That the provisions for the enforce
ment of wartime prohibition carry a
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 10 pass under the war
power. We believe tho original act
should be repealed.
THAT as to constitutional prohibition,
Section of the amendment provides
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 action of Congress is SUI
preme, and totally ignores the concur
rent power Of the several States.
That the bill goes beyond the pro-
hbitions OF the constitutional amend
ment. particularly In defining intoxicat-
ing liquors. so as to include beverages
that are not in fact Intoxicating"
The views of the minority as TO en-
forcement of the war time act were set
forth as follows:
THE provisions for enforcement OF the
war prohibition act contain definition
OF intoxicating liquor which is in effect
new legislation. The act OF November
81, 1913. prohibited the sale of distilled
spirits for beverage purposes and also
beer, wine 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 Intoxicating beverages were
included, and that beer containing 2.75
per cent. OF alcohol by weight was within
the statute only II intoxicating. which
was to be determined as other questions
OF fact. Whether or not the original act
OF November 81. 1918, can be sustained
rs valid under the war power, II seems
to us that at this date, under the peace
conditions that now exist, Congress Is
wholly without power TO extend the pro-
visions OF that act 30 as to include all
beverages which contain in excess OF
one-half OF one per cent. OF alcohol and
call them intoxicating.
Other War Activities Ended.
This legislation cannot be justified
on the theory that, the original act being
vailed and in force. any amendment
thereof extending its provisions would
likewise be valid. The power OF Con.
gress rests wholly on the war power
and the conditions existing at this time
are such that not only should the act not
be extended, but II should be repealed
War activities have ceased, the treaty
with Germany has been signed, orders
for the rehabilitation OF the army vii
have been carried out In Il few weeks
contracts for supplies for the army have
been cancelled. control OF the wires by
the Government has been ordered termi
mated, and restrictions upon trade have
practically all been removed. AS TO al
other subjects of Legislation Congress Ii
proceeding upon the theory that the wal
Is over.
ION May 20 last in his message &c
Congress the President said
1.-The rehabilitation OF the military
forces has progressed TO such point
that It seems 10 me entirely safe now &c
remove the ban upon the manufacture
and sale of wines and beers
Instead OF extending the act to In
clude beverages not now included In the
prohibition. Congress should at least If
the ban TO the extent suggested by thI
President.
IF. however, tho act is valid and II
not to be repealed the other provisions
will materially aid IN its enforcement
and should be adopted"
The minority contended that prohibi
ton enforcement under the constitu
tional amendment could only be legally
brought about by joint State and Fed
ersl action.
A lengthy discussion OF the phrase
concurrent power as used in tn,
amendment, with tho presentation OF Su
preme Court opinions on analogous con
stitutional points. was presented to de
velop the conclusion.
ITO which Government does the citi
gen owe his duty TO observe tho Eight
eenth Amendment tho report said II
presenting conclusions OF It's signers OF
the point. 1.-THE answer is simple. TIT
State surrendered to the Federal Gov
, eminent prohibition OF the manufacture
and sale of Intoxicating liquors for bev
} erage purposes and simply reserved thu
power that in the enforcement OF tn,
} amendment legislation should be con
! current
I'VE cannot eliminate from the Con
8 stitution that concurrent power 10 en-
, force It's provisions that was given 4
: 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 en-
actment OF proper enforcement legis
latiOn The reason for tht