The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-07-08
BAN GOES TOO FAR
Report Says Beer Restrictions
Exceed War Time Act.
Minority on House judiciary
Body Want Measure Repealed.

Washington. July s.-Five members
of the ho0se judiciary committee, IN
a minority report on the prohibition
enforcement bill, made public, de-
clared congress should repeal the war
the ban insofar as it relates to the
manufacture and sale of light wines
and beer
Chairman volstead of the Judiciary
committee announced he had asked
for a rule to make the general bill
in order for imm ediate consideration,
with a view to calling it up today in
the house. There was no assurance,
however. that debate would begin at
once, and the general view was that
consideration would go over until
Wednesday.
Will Not Separate Bill.
Mr.. Volstead said that, so far as he
was aware, there was no intention o.
separating the measure so as to put
before the house a straight bill for en-
forcement of the wartime law.
The minority report, signed by Rep
resentative Igoe (Mo.), Steele (Pa.),
Gard (O.), Democrats, and Dyer
CMo), and Classon (Wis.), Repub-
licans. based its objections to the en-
forcement bill reported by the COM
mittee upon three principal grounds
The power of congress to pass the
bill was challenged because in defin-
ing intoxicating liquors it went he
yond the original act and was there
fore new legislation.
Exceeds Wartime Act?
On the general question of the war
time act and its enforcement the mi
nority report held:
That the provisions for the enforce
ment OF wartime prohibition carry a
definition of intoxicating liquors which ex-
tends the prohibition beyond that of the
original act and to that extent is new leg
i hd which congress has not the right
believe the original act should be repealed
., That the dill goes beyond the prohibit
ticularly in defining Intoxicating LIQUORS
so as to include beverages that are not in
fact Intoxicating"
War Power Has Passed.
This legislation cannot be justified on
the theory that the original act being valid
and in force, that any amendment thereof
extending its provisions would likewise
be valid. The power of congress rests
wholly on the war power, and the condi-
lions existing at this time are such that
not only should the act not be extended
but it should be repealed. war activities
have ceased, the treaty with Germany has
been signed, orders for the rehabilitation
a few weeks, contracts for supplies for
the army have been cancelled, control of
the wires by the government has been
ordered terminated and restrictions upon
trade practically been all removed. As to
all other subjects of legislation, congress
is proceeding upon the theory that the war
is over.
Recalls Presidents Message.
May 20 last. in his message to congress,
the president said:
. 'The5N rehabilitation of the military
forces has progressed to such a point that
1t seems to me entirely safe now to- re-
snlove the -bzH upon the manufacture and
sale of wines and beers
-Instead of extending the act to include
beverages not now included in the prohi-
bition, congress should at least lift the
dent"
The minority contended that prohi-
bition enforcement, under the con-
stitutional amendment, could only be
legally brought about by joint state
and federal action. lengthy discus
sion of the phrase Concurrent power"
as used in the amendment, with the
presentation of supreme court opin-
ions on analogous constitutional points
was presented to develop the con-
cluSion.