The sun., 1919-07-01
VOLSTEAD REPORTS
ON DRY MEASURE
Judiciary Chairman to Fight
Attacks on Eighteenth
Amendment.
DEMANDS ENFORCEMENT
Committee Gives Opinions in
Favor of Strict Applica-
ton of Law.
DEMANDS ENFORCEMENT
speciar pespatch 70 rus sos.

ton seeking to define and limit the scope
Of the Eighteenth Amendment. the ma
jority report OF the Judiciary Commit
tee on the voistead prohibition bill was
submitted to the House by Chairman Vol
stead tMinn.) to-day.
In addition to defending the constitu-
tIonality of the permanent prohioition
title OF the measure, the report In dis
GUESSING the temporary war time prohi-
bition title serves notice on the Presi-
dent that the proponents OF prohibit
lion will not consider him authorized
70 declare war time prohibition terini-
mated under the law until the peace
treaty shall have been ratified and pro-
claimed and until the army shall have
been reduced through rehabilitation to
It's former authorised peace strength OF
175,000 officers and men.
Before this can be accomplished the
report remarks in effect permanent pro-
h.bition will have come into effect which
says the report "from the standpoint OF
those who believe In prohibition Is desir-
able and will no doubt meet the wishes
Of a vast majority of our people"
Discussing the existing war time pro-
hibition measure the report says:
That such q statute cannot be ef-
fectiyely enforced without additional
remedies has been abundantly demon
strated by the experience OF states ana
communities where It has been tried.
with regard to the suggestion that
war time prohibition may be terminated
In the ..ear future by Presidential proc
lamation, the report says:
80 far as the committee Is advised,
there is no reason for these assertions.
Congress in the act declares that It shall
continue in force during the present war
and during rehabilitation.
No Peace Yet.
.sThe President is given power to de-
clare when rehabilitation is complete
but he has no power to determine when
In his Judgment, II might be unneces-
sary longer to maintain 1t in force: tna'
Is a question that Congress has settled
That war exists both with Germany and
Austria Hungary needs no argument
The armistice Only suspends actual hos
tilities and until treaties of peace have
been ratified there is no peace. II can
not be said with any assurance tha'
hostilities may not be resumed at any
time and in view OF the unsettled con
ditions 1t is dificult to guess not onl,
when the war will end but still more
difficult to determine when demoplllza
ton will be complete.
with an army of more than a mil
lion men still in the service we are clear
ly on a war footing. Our peace army al
fixed by law is only 1Ib,000 Until con.
ditions In Europe become more settled
1t is evident that 1t will not be possible
to demobilize the army so as to reduce
1t within the next few months to peace
figures, and especially is that true II
the treaty of peace contains stipula
tons which require of US force Il
maintain peace abroad.
I'm this. condition Il would seem tina
there Is q fair chance war prohibition
may last until constitutional prohibition
takes effect in January next year. whicf
is only little more than six months on
From the standpoint Of those who be
lieve in prohibition this Is desirable ant
will no doubt meet the wishes Of {
vas. majority of our people"
Upon the constitutionality of the In
terpretations and restrictions Of TIL
eighteenth amendment contained in tn
Constitutional prohibition title of tn
bill, the report continues:
"Intoxicating Liquor"
'Tn considering this bill 1t has bee
suggested that Congress has no power
define the phrase Intoxicating liquol
contained in this amendment. This sug
gestion does not appear to raise any req
difficulty. Congress has power to en-
force this amendment by appropriat
legislation, and to do that It must neces
sarily determine Its scope and meaning
The right to define the power conferre
upon 1t by the Constitution has been ex
ercised by Congress ever since We had
Government. Every act that 1t passe
In in effect an assertion that the ConstI
tuition conferred power to pass II and
q construction OF its terms. To Illus
trate, Congress has defined the teri
Bankrupt income Involuntary serv
tude.' immigration insurrection.' cour
terfeiting.' equal protection of the law
and a number of other words an
phrases contained in the Constitution.
None but the most absurdly STRIFE
constructionist would contend that Cor
gress must simply repeat the language G
the amendment and provide a penalt
such a constructionist would have pena
ICED the national Government The le,
ter killeth, but the spirit giveth life, an
this nation lives"
In determining the alcohol content c
Intoxicating liquor" the report say
Congress has the same right to inQulr
what was in the minds OF members VIII
passed the constitutional amendmer
resolution and State Legislatures this
adopted 1t as has a court in interpreter
. law to inquire into the debates whic
preceded its enactment Such all II
quiry. says the report. develops that on,
half of l per cent. of alcohol. both
State Legislatures and by the Unite
States Government, for purposes of ia,
alton has been accepted generally 9
standard for Intoxicating liquor.
Cites state Rulings.
Every State in the Union in dealln
with alcoholic questions has treated II
beverages containing one-half OF p,
cent or more OF alcohol as Intoxicating
says the report. land has either prohi
tied their use or subjected them to
heavy tax"
Furthermore. according to the col
st.uction placed on the Eighteent
Amendment by the report, ConRre
can even prohibit the use of non-intol
icating liquor If It considers this nece
sary to effective prohibition of intox
eating liquors.
THE amendment in express tern
gives Congress power to prohibit su,
liquor" says the report, and to enfor
that prohibition by appropriate legisl
tion. II 10 accomplish that purpose
nnds that II Is necessary to prohit
liquor that is not In fact Intoxicating
may do so. This right does not re
upon any police power but II derive
from the Constitution as Interpreted |
our courts"
After quoting numerous decisions
ENJV Hc~ Arr vayuzr~ H~vxy0.