The Washington times., 1919-07-11
ROOT TOARGUE ON
DRY ACT TOMORROW
tcontinued from First Page.)

that whereas Il was extremely DOUBT
full II Congress under Its war powers
had the right to pass the War-time
prohibition after the armistice, 1t -
a matter Of even graver doubt Wheth'
er Congress. now that the peace
treaty actually has been signed. has
the power to pass enforcing legisla-
ton. The argument to be presented
before the Senate judiciary Committee
will aslo deal with the question OF
whether or not Congress can denne
Intoxicating liquors" as is attempted
In the one-half OF one percent pro-
vision, or whether in so doing it is
usurping the functions of the courts.
President Went Act.
President Wilson indicated to call
ers today that he had no intention OF
declaring the army demobilized until
the peace treaty is ratified, and the
! situation in Germany is cleared up.
He made it plain that he considers as
still existing the emergency for which
the men were called into service, and
that he will not proclaim the compile
tion OF rehabilitation merely to lift
the ban on intoxicating liquors.
He said Germany had several mill
lion men who could make trouble,
and some OF the American forces must
be kept over there for months.
The impression created by this
statement is that IL will be close to
next January. il not later, when the
President can say truthfully that the
rehabilitation OF the army is termi-
mated. The treaty must be ratified
by the Senate and some Of its pro-
visions carried out.
Up to Congress Now.
BY his former declarations and by
his interview today the President has
put the wartime prohibition question
| squarely up to Congress. He has in
| dicated he would gladly lift the ban
on light wines and beer IL he had
| authority to do so, but that il must
come from Congress. His remarks
| today suggest that quick action in
the Senate on the treaty may help to
bring about an early proclamation
that the rehabilitation OF the army
has terminated.
The Presidents statement cast q
gloom over the vets, but Congress
may ind a way out, since all hope in
the White House is lost. A strong
sentiment Is growing in the House to
give the President authority to take
the ban OF beer and light wines even
though rehabilitation is not at an
end. The announcement that IT could
not be declared completed for some
time interested Congressman who are
working to have the law repealed,
and they are appealing to their col
leagues to give the President dis
erection in the matter.
May Bring Point OF Order.
Fear is held that a point Of order
will be made against an amendment
repeating the wartime prohibition
law. In that event efforts will be
concentrated on an amendment to
give the President authority not to
enforce il as to the milder beverages.
Constitutional authorities are salts
fed this will be germane and can
be considered on its merits.
Debate was resumed in the House
on the enforcement bill yesterday, but
1t is apparent the measure will not
pass that body until next week. Con-
gresham Dyer declared the Treas
ury Department never has fixed on
any percentage of alcohol in bever-
ages to determine whether they are
Intoxicating or not.
Attitude MIsrepresented.
He said Chairman VoIstead of the
judiciary Committee misreprented
the attitude of the Internal Revenue
Bureau in saying that for twenty
years the Government had taxed as
Intoxicating" everything that con-
tanned more than one-half per cent Of
alcohol. He pointed out that there |
is a great difference between "intoxi- |
eating" and 'fermented" liquors, and |
quoted from testimony by Deputy |
Commissioner of Internal Revenue |
Gaylord on how the bureau determin- |
ed what was subject to tax, as fol- |
lows:
1T is determined according to the
percentage of alcohol. The percent
age of one-half per cent was fixed |
originally when beers began to be
made. Before that beers had always
been classed as fermented liquors
The standard was not reached at all |
by considering really whether that
was or was not intoxicating. The
standard was placed low with the in
tention Of saving as much revenue as
possible"
Question Yet To BE Decided.
1.-THE Treasury Department" ex-
planned Mr.. Dyer, never has rem
dered any decision that beer Of "a
per cent alcohol is intoxicating. That
is n question to be determined by the
courts. The decision OF the Treasury
was not intended to de-
termine what is intoxicating"
Congressman Steele (Dem., Pa)
said the Eighteenth Cor prohibition)
contemplated concurrent
action by the States in the enactment
Of enforcement legislation. This was
provided, he said. that the States
might have some control left to them"
But suppose the State refuses to
act?" queried Congressman Madden OF
Illinois.
I'VE cannot presume the State Is
not going to act" replied Mr. Steele.
There cannot be two supreme pow
ers legislating on the same subject
for the same object. Therefore this
should be ratified by the States"
Argument Too Late.
This argument was too late, de-
clared Congressman Currie (Rep.,
Mich), adding there was no danger Of
conflict between the Federal and State
governments.
An attack on the definition OF in
toxicating liquors was made by Con-
gresham Newton (Rep., Mo-. who
asserted Congress never intended. in
citing for the Constitutional amend
ment, to prohibit non-intoxicants.
"If Congress had intended to In
clude light wines and beers and be
fair with the public, why did II not
name them and give the American