Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-02-09
is AssAlL!ED|
BATTLE NOW WAGiNG
FROM THREE DIRECTIONS
Section Which Limits Amount Of
Alcohol I'm DevcruRcs Is Made
storm Center.
ny n EREDERrck I.ssARY.

| Alcohol I'm DevcruRcs Is Made
storm, Center.
ny j. FREDEREcIs EssARY.
! WASHINGTON, Fob. S.---Natton-wide
Is cSa sS fM
of the country. thinking their troubles
were oyer when the eighteenth amend
act went into effect. are surprised to
| find themselves ON the defensive in a
desperate battle to hold what they
Tho amendment itself is being at
tracked through Two separate court
decisions with some OF the .ablest law!
validity. And tho enforcement act.
particularly Section :; which limits the
OF OF per esn Is IN aSsn ss 10 Sne
| political issue in the election of the
next Congress,
see the outcome or these reactions
against constitutional and statutory
prohibition. but i is easy to under
the amendn;snt and tho. enforcement
act went Into effect. The sentiment
against legalized bone-dryncss has noA
interests most rmmediateSy affected
have refused fatiy TO surrender ns
deIeat the measures now In force.
Political rhases of Question.
The political phases OF the question
are indefinite. but 10 many minds they
are more promising than tho court
ington dispatches, the country may re-
turn TO a beer and light wine haSsis by
passage through Congress OF anamond-
raising the limit OF alcohol IN 6ever,
ages: This Involves no repeal OF the
sffast tnn amssament II doea not
other. IL may be done by majority,
s x"te 10, OF the two houses of Congress-
amendment II nnaily declared vaii,f
by The Supreme Court can on,., be -
psaied by snrse- fourth OF the States.
Congress have voted TO submit ia
long and dubious process
Rut the liberal interests are no,
wine and beer House and Seaa.e. They
are row seeking 70 deal a smashIn,,
t thrM,.S q the ssEh.esnth amendment
stroke; To have the measure Isc,a rS,i
'vn n,s,.s u This Is accomplished tho
III the wreck as Welt '"
Rhode Island Test Cuse.
The Rhode Island test case ,ira,,,.
m wiS, rSse o the supreme Court and
ti1ns f ns S s1i Sro, nsS, month Mean
interests ~ the name OF .fthris,faS
Ell n, corporation in the Fed.
i inv ls'r ano, Sogr' at rssnton y. j,
upon upon both the ,amendnent and Tho
" act Mani, az the po,o; s
bv '" ,o.i a.'ash are novel. as Indicated
which have been received hsrc pr REFS
cnnn, nG0ni}AnS 10 pages and is ac
ii ed IN sSb, ~ ,rany isnw.hy exhibits
Root. William y Guthrie. iIar uS Eiiha
ni,haaaia.ourN and Bernard HershLn"r"
have G nied M u sprn, Root ana Gnthris
amsnds par'icuiar!y the ROVER So
Ir,;n, NC constitution as provided in
or that instrument. az
atsr setting forti, the nonnarii,.,, aTisi.
ton ~ ~ III sne process OF ratIhca
clares thai t,bs s. amendment. de.
OF the police powers OF III, S, n,.. en-,
relations a. ,rexolutionary fashion the
Eederui -o SsswSen the States and the
the underlying question OF IN. Ihnt
gr e '@ aod ,sa Of the houses of Con-
fourths OF the sta,as i,i,,, Of three
inc constitution SO as to DESTROY a nwen.
possessed b., eeu s1tFy saa ehsrasteristie
VIII OF some OF The states the
Cinfr, Amendment yotd
~ ~ asserted that the oJwi,,.Auh
a ann,ht is void because Il docs No,
11lL or,. ina, two thirds OF the hc sos or
v:ded In Article :. fE,.eis f. ub y pro pro,
rnso,, ,..inenuinent was submitted In q
,Sie,,s containing the phrase, .twt-
~, whereas. the resolution coyerinr
the hrst ten amendments Submit IL IL
or ho, Ghohlaaneh the phrase. 'two-thirds
~ ooln houses deeming IL necessary
II is suggested that many nembera -,
sne Two houses. which submitteI rho
d ign.eenth amendment not only did not
the Constitution requires, but .,ct,,a, ~
.Wete persuaded TO vote for IL against
their judgment.
not ratified by three fourths OF The
states i3 another contention 1t is
sno%n that three States refused 10
ratify and that in nineteen Others the
people in their respective constitntions
nave reserved 10 Themselves the right
70 enact practically overy kind OF lcgis-
also an equally comprehensive -,rht 10
require the reference to thems. OF
almost ,aIr; al cnactmemts of their several
approval at the polls"
In none OF these States, II is pointed
ou.; was there referendum on the
where the verdict at the polls was
adverse In Florida the Constitution
fforbids the Legislature TO ratify a
prior TO the election OF he law making
body. 1t Ia added. but Florida ia counted
a anon the the ratifying States. Sc, in Mis-
anne ndment which may in any wise
impair the right of local self govern
State.
DEFINE volrtcai Act.
The definition in tho Volstead act of
intoxicating LIQUORS as those contain
ing onc-half of 1 per cent alcohol by
volume or moro is vigorously attacked
as wholly without basis" and there
fore arbitrary and Unconstitutional It
is asserted that the Misunderstanding
quality of 2.15 per cent beer is estab-
l!shed beyond Dossibilt~ of doubt by
the deductions and experiments OF ex-
perts. and the theory that nonintoxi-
cnntS may be prohibited because they
resemble intoxicants in some particu-
lars Is scoffed at. Grape Juice, 1t is
pointed out, looks Ike WING. and
siruped soda water like some species
Of mixed intoxicants. And itlmay per
haps, be properly mentioned" the brief
| says. that water looks like gin"
Whatever mayl be the decision rem
dered by the lower courts in the Fe!g-
erspan case. il will be carried to the
United States Supreme Court for n hnai
opinion. Tho Rhode Island case went
direct TO the highest court, for the req
son that it was brought by tho state
itself a privilege which is denied to
the individual litigants. There Is hope
4 hn 70 will act IN ItIn6