Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1919-01-21
WET FIGHT
STARTS On
LO()PH()L. E:S
CONGRESS LENIENT
LEADERS of Liquor Faction
VIII Engineer Referendum
and Attack Constitutional
,ity of Procedure

Now what?" is the big question
with those interested in the fight for
national prohibition. rs it law? Is
there any other loophole?"
Yes, it's law. True, only fourteen
states have notified the government
of their ratification, but the amend
ment becomes law when the thirty
sixth state ratifieS, not when the rat
ification is announced.
The only loophole-and it's slight
lis that the ratification in number
of states amy be held illegal. There's
a fight on over this now in Califor-
MIA, where the governor has been re-
strained temporarily from certify
ing the legislatures ratification till
it is decided whether the people have
a right to review the legislatures ac-
ton, under the state referendum law.
States Nearly AL Dry
Twelve other states have referen-
dun laws, but only one of them is
wet.
Each state is required to certify to
the department of state that its leg
islature has ratified the amendment.
When the thirty-six states have so
certified, Acting Secretary of State
Polk will issue proclamation declar-
ing the amendment adopted. This is
merely a formality. No further ac-
ton is necessary either by congress
or supreme court. One year from the
day on which the thirty-siXth state
ratified the amendment it goes into
effect. t-.
Nevertheless, the vets have not
given up the fight.
Congress still has to pass legis-
1ation, setting. forth the legal defni-
ing penalties for violations of the
amendment and this legislation may
be annu1led, in effect, by any future
congress, in either one of two ways:
by wfping out the penalty for violat-
ing, or by new and liberal defini-
ton Of the percentage of alcohol that
constitutes Intoxicating liquor
VETS, however, are not depending
entirely on fenient congress.
Their first fight is in the states
that have referendum laws.
The prohibition amendment was by
act of congress submitted to the leg
islatures, not to the people of the
Estates.
The constitution itself provides
that congress- may submit proposed
amendments either to the legislatures
of the states or to constitutional con-
ventIonst The question here to be de-
eided is:
Can the people of a state over
turn the act of its legislature in a
matter which congress submitted to
the legislature, not to the people?
There are five states which, the
vets assert, will not ratify the dry
dIHSuuulOuI III ln6lr legislatures.
y If this estimate is true the vets
still need to overturn the legisla-
lures action in eight of the thirteen
referendum states, to prevent thirty
six states voting dry.
That means that, with the aid OF
their five last-ditch hopes, the vets
must overturn the legislatures vote
for the dry amendment in six dry
states.
Drys say it can't be done.
Vets may also ask the supreme
court to rule that congress authori-
ty in proposing a national prohibit
ton amendment extends only to in
terstate matters: that thirty-siX
safes, or more, cannot make laws for
twelve states, or less, ina matter af-
fecting the states only. If the su-
preme court should take this view it
would be practically equivalent to
declaring the constitutional amend
ment unconstitutional, although the
decision would necessarily be not on
the amendment itself but on the act
of congress proposing it. Drys say
the distinction is so slight as to be
non-eXistant. /
TO Enforce the Law
Dry leaders admit it will be a
gigantic task to enforce the law, but
are planning on federal legislation
to make it possible to take away a
physicians. or druggists license if
he sells liquor for beverage pur-
poses. It will be lawful to manu-
facture it for medicinal, scientific,
pharmaceutical or sacramento pur-
poses.
A tremendous force of detectives
and investigators will be employed
to prevent moonshining in private
homes, or making wine in private
vineyards.
.Bhe Anti league figures the
nations iannual liquor bill at ST.
500,OO0,0O0; enough, in two years,
to float Liberty loan.
The annual liquor revenue lost to
the government approXimates $780,
100000 in normal times and $780,
100000 in war time
Property loss to brewers and dis
tillers, say dry leaders, will be in
considerable, because their plants
can be turned to other uses.