Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-07-02
PROHIBITION

sale OF intoxicating beverages Is Illegal throughout the en-
tire territory Of the United states. This condition has
been reached through the taking effect Of the so-called
wartime prohibition law on July 1. Under other war
measures the distining of liquors had been discontinued
some time earlier, and the operation of breweries had
been curtailed temporarily. Under the law now in effect
the manufacture and sale of all Intoxicating beverages is
absolutely prohibited.
We have a curious illustration of the manner In which
laws are sometimes enacted in the history of this prohi-
bition legislation. Under ordinary circumstances. of
course. the federal government is without authority over
the sale and use Of liquor. But under the pressure Of war
emergency constitutional restrictions OF the powers of
the federal government disappeared. The federal govern
ment had authority to do anything that was necessary for
the winning of the war. and that authority was exercised
in various ways. One of them was in relation to prohi-
bition.
That the war emergency was used to press the en-
actrnent of legislation which was desired on entirely diff
ferent grounds is a matter Of common knowledge. When
the wartime prohibition measure took effect hostiMties
in Europe had been suspended for nearly eight months
the peace treaty had actually been signed, and half Of
the American forces had been demobluzed. The COM
pletion Of rehabilitation is merely a matter of transpor-
tation and routine. However desirable prohibition may
be from other standpoints, therefore, it cannot at this
time be urged as a war need.
In his message at the opening of this congress the
president recommended that before it should go into
operation the present law be amended so as to permit.
the continuance Of the sale of beer and light wines. This
was not done and the president has recently declared his
intention to meet the situation by proclamation as soon
as rehabilitation is completed. Inasmuch as all sales
must. be discontinued in the meantime, the utility of such
reopening may we'll be doubted. It will be, late in the
summer before rehabilitation is completed. and the fed
eral prohibition amendment, which supersedes all other
legislation, takes effect on January 16, 1920, hence it is
difficult to see how reopenins for the few months possible
will be of advantage even to those most directly interested
in the use or sale Of stimulants.
The courts and congress are in a state of uncertainty
as to definitions. In view of a court decision to the eff
feet that beer containing not more than 2.75 per cent Of
alcohol is not Intoxicating the department OF justice has
announced that until this point is determined prosecu-
tons will not be instituted for the sale Of beer of this
strength Congressional opinion seems to favor placing
the ban on all drinks containing as much as one-hah Of
one per cent Of alcohol. and the point is made by mem
bers of the house committee that the question Of whether
or not a beverage is Intoxicating is one of fact rather than
of law. The limit placed by the court is but slightly low
err than the alcoholic content Of certain standard mild
beers. and in spite Of many assertions to the contrary it
is a fact which has come under the observation of most
people that individuals can become very thoroughly In:
toxicated even on mild beer. 1t is also a fact that what
will intoxicate one person will have no appreciable effect
on another.
Under the state prohibition and local option laws
which have prevailed In the past the authorities whose
business it is to enforce the laws have devoted their at
tention CHIEFLY to the prevention Of sales within the terri
tory under their Jurisdiction. Only, in a few cases, and
those comparatively recent. has the importation and pos
session of liquor been prohibited. In North Dakota, for
instance. which has been under state prohibition for close
to thirty years, the manufacture and sale of liquor within
the state has been prohibited, but until very recently it
has been perfectly legal to buy abroad and to import into
l <hA re !, ~ w.~ H.. 49,,
manufacture. nor any incentive to such violation, as it was
very easy and legal to obtain supplies from other states.
Violations Of the law by surreptitious sale have been nu-
merous, and many Of these have been successfully prose-
cuted.
with the advent Of general prohibition, however, this
situation Is changed. Purchases OF liquor abroad cannot
be made without extraordinary risk, and for all practical
purposes transportation by rail will be discontinued. The
authorities are therefore confronted by the problem of
individual manufacture; and that problem promises to
be a knotty one. 1t is a very simple and inexpensive task
to brew beer which, however 1t may lack in flavor and
other qualities which make it desirable to experts is
strongly impregnated with alcohol. Wiras are easily de-
veloped by natural fermentation, and the distiling Of
hard" liquors Of great potency has been found to present
no great difficulties. @4 III
That the authorities must deal with domestic brew
ing and distiling on a large scale is not q prediction. It
l a fact An agent of the State Enforcement League Is
authority for the statement that large quantities Of ma
terials for brewing are already. being sold in the state.
Numerous devices for distlAng have been .improvised.
These things are being used, not as IN the case Of the
4 blind pig, in trade centers, where there are usual1yts some
outward evidences to arouse suspicion but in farm kitch-
ems and sranaries, in city Easements, dn all sorts OF places
where they fit into the surroundings naturally and unob-
4 trusively.
MI. Finwall. the agent referred to. speaks Of plans
for preventing the distribution Of brewing materials. The
task = . formidable one. Hops. for instance, are used il
bread a. we'll - in beer, ana the other ingredients com.
monty sold may be used i4n31athe manufacture Of asnon.
! alcoholic beverage. The great. difficulty lies In the fact
that everything that contains sugar may be turned into
~aleohoLsf II the usual preparations arc excluded there rs.
main all the sradns, all the fruit juices, potatoes, the milk