Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-16
BY &. GOULD LINCOLN.

ing Tor. BlflS nave been introduced IN
both Senate and House to make ef-
fective wartime prohibition. in the
Senate by Senator Morris Sheppard of
Texas and in the House by Represen
tative Barley of Kentucky. The
measures are alike except that the Shep-
pard bill contains provisions suggest
ed by the internal revenue bureau,
through the Secretary of the Treasury.
subcommittee OF the Senate and
House judiciary committees, headed
by Senator Fletcher of Florida and
Representative Carlin of Virginia, are
whipping the bills into shape and will
report them within few days. It is
the purpose of the prohibitionists to
have the enabling act, required to
make effective wartime prohibition, a
law by March 4. when the present SEES
sion of Congress ends.
Change in Laws Principle.
In a way the entire principle OF law
relating 10 alcoholic beverages viii
be changed. At present the federal
law permits the manufacture Of these
beverages Cor it did until the manu-
facture was stopped temporarily un-
der the operation of the food control
act), on the condition that a tax be
paid On them to the government. Aft
er wartime prohibition becomes eff
fective and the constitutional amend
ment for nationwide prohibition. the
manufacture of these beverages will
be a violation Of the law.
Now here is what Congress is pro-
posing to do in regard to the enforce
ment of wartime prohibition.
1t proposes that a deputy commits
sioner of internal revenue be appoint
ed to enforce provisions Of the law.
The deputy commissioner and his as
slstant are to report all violations of
the law to the proper prosecuting Of
ficer. who shall make complaint of any
before the proper court, and.
with the consent of the court, con-
duct the prosecution.
Courts to Rule Search.
1t proposes that any building or
place of any kind where Intoxicating
liquor is sold, manufactured or kept
ira violation of the war prohibition act
shall be declared a common nuisance
and that any person who maintains
such a nuisance shall be guilty of mis-
demeanor, and. upon conviction, shall
be fined not less than $500 nor more
than $1,000, and shall be imprisoned
for not less than thirty days nor more
than six months. If it shall be proved
that the owner of the premises has
or has negligently suf-
fered the property to be used for the
sale of liquor. the premises shall be
subject to lien and may be sold to
pay all fines and costs assessed against
the occupant for any violation of the
war prohibition act
1t proposes that if any United States
district attorney or his assistant, or
if the deputy commissioner or his as
or if any creditable citizen
shall go before a United States court
or judge and make written informa-
ton. supported by his oath, that he
has reason to believe that any liquors,
or any still, worm or other apparatus
is within certain premises. and is
intended to be used in violation of the
law, the court or judge shall issue a
search warrant. Under the authority
pf such warrant any marshal or dep
nty marshal may search the place and
seize the liquor or still. This means
a mans home or any other building
1t is specially provided. however, that
a search warrant shall not be issued
until a court Or Judge shall have
passed upon the matter. This is to
prevent searches upon information
presented by irresponsible persons
1t proposes also that no property
rights of any kind shall exist in any
distilled spirits. beer, wine or other
intoxicating liquors, manufactured or
sold or kept for sale for beverage pur-
poses in violation of the provisions of
ri hoy
seized the owners win receive no COM
pensation for them.
Although some of the prohibition
lists would be glad to see the proposed
'aw provide for the seizure of alco-
tolic beverages and their confiscation
wherever they may be found, it is not
now contemplated. In other words, il
will not be possible to enter mans
home, search and seize what whisky.
beer or wine he may have laid in
against the coming day of prohibition
The search and seizure will apply only
where liquor is manufactured, or sold.
N violation of the law.
The sum of $1.500,000 is provided
lnder the bills introduced for the en-
'orcement of the war prohibition act
Turing the period it remains in force
Ind until national constitutional pro-
libition becomes operative.
Home Stills outlawed.
The suggestion. lightly made in
many instances, is frequently heard
.oday that every home will have its
still. The law, however, will deal very
with the manufacture and
of stills. 1t does TODAY un-
Ter existing conditions, and the man J
Who undertakes to operate q still in
lis home VIII run the risk of being ,
tent to jail. The law says that no al
'oholfc beverages shall be manufac-
ured or sold. 1t does not say merely
hat alcoholic beverages shall not be |
for sale, which might
make 1t possible to manufacture alco-
loiic beverages which were not for
ale, but merely for personal use.
Both OF the bills introduced in Con-
,ress propose that the enforcement of |
he prohibition law shall be under the |
and charge of the internal |
evenue bureau But Secretary Glass |
# the Treasury Department has writ !
en- letter to Representative Carlin |
that as the internal reye- |
Tue bureau is already overburdened /.
With the tremendous burden of COL /
Getting taxes under the war revenue (
aw 1T be excused from handling this !
lew problem of nationwide prohibi- |
ion. He said very plainly that the |
of wartime prohibition |
s not a revenue matter, but a matte, |,
f police duty. While the Secretary |
i'd not mention the Department of |
Justice, it seems clear that Mr.. Glass I
must have had that government |
.gency in mind as the proper depart /
nent to look after the enforcement
4 prohibition.