Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1920-06-30
THE LIQUOR QUESTION.
What Are the LoophoIes in Which
Either Political Party Can Let
Liquor In.

everybody knows that republican
administration will do nothing OH its
own initiative to circumvent prohi-
bition..
1t is to the democrats that the
enemies of the amendment will look
fer legislative leadership and that
is the reason why everybody will
turn to the coming dem ocratic plat
form to see, first of all, what 1t says
about liquor and to the ca; lidates,
first Of all, to see where they stand
with regard to liquor For it is plain
that until everybody knows what the
policy is to be the liquor Issue is
bound to come first in public inter-
est.
Specifically, what are the loopholes
through which either political party
can let liquor in without assaillng
the amendment directly? Judge Ed
gar NJ. Cullen, chief justice of the
New York Court of Appeals, pointed
them out a few days ago to the New
York World, one of the bitierest of
the enemies of the amendment. IF
We get in mind the precise wording
CT the first article of the amendment
we shall be better able to appreciate
the suggestions of the Judge:
After a year from the ratification
of this article the manufacture, sale
or transportation of intoxicating liq-
rors within. the importation thereof
into, or the expectation thereof FROM
the United States and all. territory
subject to the Jurisdiction thereof
tor beverage purposes, is hereby pro-
hibited,"
This amendment was passed by
congress on Dec. IS, 1917, by a vote
in the house of 2S2 to 12S and in
the senate by vote of AZ to 8. On
Jan. 20, 1919, Secretary of State
Lansing gave notice that it had been
ratified by the required thirty-six
states. The Supreme court of the
United States has recently upheld the
amendment in every particular.
1t is plain on this record that there
is little chance to assail the amend
ment directly. A demand for it's re-
peal, so slow a process as to be
hopeless, could not be made with any
prospect of success. All that is left
is to look to congress to devise some
way to make the constitutional pro-
hIbition mucous.
Judge Cullen tells the4World three
ways by which this may he done, all
Of them within the, recognized pow
ers of congress:
First. congress may define an in
toxicating beverage in a way that
practically will not prohibit the 81 b.
stantial freedom of the people to OBJ
tain and drink almost anything they
desire, And no court could interfere
with such provisions, We're co. grass
to make them.
second, there is nothing to pre-
vent congress from enacting law
for the enforcement of the eight
zenith amendment by making a pro-
vision that any man manufacturing
Nhiskey or other distilled liquor
snail forfeit a certain sum of money
for every gallon he makes, and in
default of the collection of such fine
shall be imprisoned. This would vir-
tually be licensed law.
But there is still a third posi-
bility if. the right kind of people
We're in power, the general govern
ment might enforce the penal
statutes against the manufacture and
sale of liquor precisely in the same
manner that a reform administration
Of the city of New York three years
ago enforced the statutes Of this
state against gambling, when thru
out the hot political campaign Of
that year the odds on the candidates
for election we're quoted as regular
ly as the price of wheat or sugar.
That is the kind of enforcement that
makes the law q dead letter. And you
remember that was, under an admin
istration which you newspaper edit
ors held up to the people as model
Of all that was excellent"
Commenting on the improbability
of any congress being guilty Of the
hypocricy of any of these courses,
the judge says:
Well, let us see for a moment:
A few years ago congress passed an
att forbidding the movement in in
terstate or foreign commerce OF
goods made by child labor. ] he SUI
rreme court Of the United States de-
clared this law unconstitutional on
the ground that congress had no
right or power to regulate child la
Tor within the several states
Whereupon, to get around this. con-
sress passed an act imposing a tax
OF 10 per cent on all such products.
or course 1t had no expectation that
a single dollar for revenue would
ever be raised from this enactment
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