New-York tribune., 1919-06-29

dietary Committee on Monday. Chair.
man Volstead was unable to complete
the report before the House adjourned
to-day. He indicated that the report
would cover many pages and would be
devoted principally to refuting the ar.
guments of the vets that the wartime
prohibition act is unconstitutional, arc
that enforcement legislation will also
be unconstitutional when enacted.
The minority report on the omnibus
enforcement bill also will be presented
on Monday. This report will argue that
since the Eighteenth Amendment pro-
hibits only the manufacture, sale anc
transportation of "intoxicating liquors, ,
Congress has no authority to interpret
this legislation by declaring "intoxicat
ing liquors" to include any liquid con-
tanning more than Il of ! per cent o1
alcohol.
War Over and Act Void
A memorandum submitted by Rep
resentative Dyer, of Missouri, to those
who are preparing the minority report
on the enforcement bill follows:
II. contend that Congress should
not enact any regulations touching
what is known as the war prohibition
act, for the reason that the war is
over and the said act has no force and
effect, and that any effort to enforce
said act will meet with failure in the
courts, for the reasons stated above
think this is true regardless of
whether the President issues a proc
lamation declaring this act of Con-
gress not to be necessary any longer.
Y. l contend that Congress has no
authority to say that every beverage
containing one-half of per centum
or more of alcohol by volume is in
toxlcatlng. Every sensible person
knows that that is not a fact. The
constitutional amendment concerns the
manufacture, sale, or TRANSPORTATION
OF intoxicating liquors, and it gives to
Congress and the several states con
current power to enforce this article
by appropriate legislation
Under this amendment Congress
mas the right to make laws enforcing
the amendment, but Congress has nc
right to interpret any Of it's provi.
slons. The right to interpret rests
with the courts. Of course, Congress
has right to define it's own acts, but
the prohibition amendment is not an
act OF Congress. Congress merely sub
mltted the matter to the states.
The amendment is now a part of
the basic law from which Congress-
itself obtains its power. The majority
OF the members of the Judiciary Com
mlttee of the House concluded they
nad authority to interpret the word
Intoxicating on the ground that the
constitutional amendment for national
prohibition was an act of Congress
but constitutional amendments are not
acts OF Congress. Congress merely
submits the amendments to the states
and when three-fourths of the states
raCl1y the amendment it becomes a
law of the land, and is not in any wav
the same thing as law passed in the
usual way by the Congress. / think
therefore, that in the regulation per-
tanning TO the constitutional amend
ment Intoxicating liquors cannot be
legally defined by Congress, but must
be left to the courts, and that what
ever the Supreme Court of he United
states finally decides in the matter
will be the rule"
Early Vote Not Possible
No attempt will be made by prohib-
tionists to get the enforcement bill
up for consideration in the House next
week, in spite of the fact that war
time prohibition will go into. effect
Monday night. Any attempt to get
consideration undoubtedly would be
met with q point of mo quorum" by
the vets. SO many members of the
lower body have left Washington to
be gone over the Fourth of July that
a point Of no quorum might force an
immediate adjournment of the House
until enough members could be round
cd up to proceed.
Wet members Of the Judiciary Com
mittee said to-day that they would at
tempt to amend the provisions of the
eniorcement legislation to prevent the
lnf1lction Of two sentences, one by the
Federal and one by the state courts,
upon offenders against the act. By
providing for concurrent enforcement
by the states, the law makes possible
two trials for one offense
The Constitution provides that no
man shall be twice put in jeopardy
for one offense," Chairman Volstead
explained "but violation Of the pro-
hibition laws would in fact be two Of
fences, although it would be only one
act. 1t would be an offence against
two severe igntics'
He explained that in dry states an
offender against the prohibition laws
could be tried once in village courts
and punished and a second time by
state courts. A similar situation
arose, he said, in the case of bank
AiVVC AOASSIleS, WueIe Cne- OUenQcr
could be tried first in the state courts
and afterwards in the Federal courts.
Department of Justice officials
from the Attorney General down, met
al inquiries as to how wartime pro-
hibition was to be enforced with the
answer that it would be enforced with
all the prosecuting machinery Of the
department. Just what would be the
methods of enforcement, no one would
"This is the law enforcing depart
ment of the government" Attorney
Palmer said. "Ths department will
enforce the wartime prohibition act"
Other officials said In comment upon
reports from various cities that saloons
and hotels would pay no attention to
the wartime prohibition act when it
becomes effective that these men were
adopting a very dangerous course. A
few test cases, with the inf1iction of
severe penalties, they believed, would
serve to compel respect for the law
and prevent wholesale violations Until
adequate machinery is provided by
made to apprehend minor offenders.
While liquor may not be withdrawn
from bond for beverage purposes after
prohibition goes into effect, it can,
under the enforcement legislation, be
withdrawn for re-distilation for use
in various industrial pursuits and the
arts.
Last s'Wet'' Saturday