New-York tribune., 1920-01-13
tate'Dry'Bill
Is Replica of
Volstead Act
Measure Before Legislature
Differs From the Federal
Statute Only in the
Method of Enforcement
Intoxicants Are Defined
c,.r Taken in State Senate
- . Recall Resolution Rati-
fying 18th Amendment
Staf Correspondence

Staf Correspondence
arpANY. Jan. Ex-senator George
rhompson, of Niagara County, and
..,.mblyman John w. Slacer, Of Erie
c,nrtv. are sponsors for the prohibi-
.;on enforcement bill introduced in
,.,h houses of the Legislature when it
convened tonight
minority Leader Walker introduced
!, tho Senate resolution to provide
=, the recall from the Secretary of
Gate Of the United States of the reso-
,,.;on bv which the 1919 Legislature
,.t6ed the Eighteenth Amendment and
q, admission of the question to a
,.f.,endum. 1t was referred to the
iudiciary Committee.
The Thompson-Slacer enforcement
measure is substantially identical with
the Volstead act passed by Congress,
the exact language of the latter law
having been used whenever possible.
The bill differs in only one particular
h its omission of a provision calling
for state prohibition enforcement de-
paytment.
Intoxicants Defined
william H. Anderson, of the Anti
Saloon League, in 8 statement says this
onission was made "for the simple
reason that an anti-prohibition Tam
many Governor would seize upon the
attempt to perpetuate a Republican
Excise Department in the form of an
enforcement department as an excuse
for vetoing the entire legislation"
The bill places upon state officers,
BY state authority, the same obligations
to enforce the Federal prohibition
amendment as the Volstead law places
on Federal officials, and enables New
York to concur in enforcement power.
1t defines Intoxicating liquor as any
thing fit for beverage purposes con-
tanning y of l per cent or more of
nition of the Volstead law, and has
been the definition of the Internal Rev.
enue Department ever since the gov
eminent has been called upon to de-
fne intoxicating liquors.
The bill states that liquor for non
beverage purposes and sacramental use
may be manufactured, purchased, sold,
bartered, transported, imported, ex-
ported, delivered, furnished and pos
sessed." but only as provided for un-
der the Federal law. 1t contains
search and seizure provisions which are
Identical with those Of the Federal
law.
Private Homes Defined
It defines private home as Coon
&rued to include a room or rooms,
used and occupied not transiently, but
solely as residence in an apartment
house, hotel or boarding house," and it
speeifes that no search warrant may
be issued to search any private dwell
ing, occupied as such, unless it is being
used for the unlawful sale Of liquor.
The Anti-Saloon League furnishes
the following digest of the sections of
the enforcement bill:
Section /. To be known as the "Pro-
hibition Enforcement Law"
Sec. 2, Definitions: Defines liquor
as anything fit for beverage purposes
more of alcohol by volume.
Sec. 8. Sets out what is prohibited.
Purpose Of the law is to prevent the
sale Of intoxicating liquor as a bever-
age Makes provision for wine for sac
ramental purposes.
Sec. a. Enumerates exempt articles
and preparations and prescribes the
conditions and limitations under which
they may be manufactured and sold.
Sec. 5. Provides, in case of doubt,
for an analysis and, in proper cases,
Tor an order enjoining manufacture.
Sec. 6. Prescribes the conditions un-
DER which a physician may issue a
prescription for liquor and a pharma-
cist may fill it.
Sec. q. Provides that any person man.
v,facturing, selling or transporting
liquor shall keep a record and speci-
ties the terms thereof.
Sec. 8. Prescribes that part of the
record required under Section be a
copy Of the Federal permit to purchase
liquor.
Sec. 8. Provides that the manufac-
:urer of liquor shall permanently at
tscn to the container thereof a label
end specifies the terms thereof.
Record of Shipments
See. 10. Provides that carriers shall
teep record of every shipment and
delivery.
Sec. II. Provides that neither a per-
son nor carrier shall transport a
package or receptacle containing liquor
unless labeled, and specifies the neces-
sary information to be printed thereon.
see. IL. Covers the question Of false
statements upon labels.
sec. 1S: Prohibits subterfuges per-
sen'tuag delivery to other than bona
ads consignee.
Sec: IA. Covers entire advertising
Question
=; See. l5. Provides against any uten-
~, formula or recipe for the unlawful
manufacture of liouor.
gee. ~. Provides against soliciting
s.oers for or the giving of information
- 70 hquor intended for unlawful use.
Sse. u. Provides that any person
h.d h,",ufed by an intoxicated person shall
Asse night action for damages.
Pc. 10. Provides that any premises
"hele liquor is kept or sold in viola