New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-05-25
Walker Measure Permits
Manufacture and Sale
of Mild Beverage, but
Eliminates the Saloon
Boxing Act Also Is
Given His Approval
Fifteen-Round Bouts to
Decision Are Permitted
Under State Control

ALBANY, May Ex-Governor Smith
to-day signed the Walker 2.75 per cent
beer bill and the Walker boxing bill
The first permits the brewing of beer
OF not more than 2.75 per cent alco-
holic content, and does away with the
saloon as medium of distribution.
The second resstablishes boxing in
the state, permitting ffteen-round
nights to decision. The sport is
placed under strict state control.
The Governor, in signing the beer
measure, declared that the Legislature,
IN passing the measure, clearly illus
trates that it represents the majority
sentiment of the people.
The Governor also declared there
la nothing on which ne can base dis
agreement with the Legislatures dec
laratlon that 2.75 per cent beer is non
intoxicating.
Experts Evenly Divided
I'm January, 1919," says the Cover
nor, "the Legislature ratified the
Eighteenth Amendment to the Federal
constitution, which was commonly
known as the amendment providing for
prohibition. One year later, the same
Senate and the Assembly, under iden-
teal leadership, has now declared beer
containing 2.75 per cent alcohol bv
weight to be Notwithstanding.
I'm the opinions Of experts laid bc.
lore me there is sharp division ii
OPINION, those declaring it to be intoxi-
cating being about equal in number
win those declaring it to be non-in-
toxlGating, and l feel that am placed
IN the position Of having before me
Ihe legislative declaration that such
beer is mountaineering.
IF representative democratic pov-
ernment means, anything it SURELY
means that when a substantial major.
lty OF both houses makes it's declara-
tlon upon matter Of this sort it is
representative of the majority senti-
ment of the state.
IN the absence of anything concrete
and definite upon which l could predi-
cate reasons for disagreement with the
legislative declaration, I feel that this
bill should be approved"
The approval Of the beer bill puts
New York in line with other states
whlch have served notice, in adoption
OF sem-wet legislation, that they are
out OF harmony with the Federal gov
ernments dry enforcement bill. These
states include New Jersey, Rhod4
Island and Connecticut. The Massa-
chusetts Legislature passed beer bill.
but the measure was vetoed by Gov
ernor Coolidge.
The enactment of the Walker bill is
generally regarded as merely an ex-
preston of the states attitude on dry
enforcement and to lend moral back
ing to those who are fighting the u
per cent clause of the Volstead act.
Effect on Supreme Court
Just how effective the states beer
bill will be depends entirely upon the
ruling of the United States Supreme
Court, now. considering the constitu-
tionality of the Volstead act There
IS an impression that the courts
views may be affected by the attitude
OF New York and other great Eastern
states. The court recessed last week
without rendering a decision.
The signing of the beer bill pre-
sents absolutely no encouragement to
the saloon interests. The retail
liquor men fought the bill vigorously,
as ~ putS Cne saloon out OF existence,
The enactment of the Walker bill
closes the saloon even if the Volstead
act is found unconstitutional 1t does
not permit the consumption of 2.75
beer on premises where sold, other
than hotels and restaurants of pre-
scribed standards. The saloon men
were instrumental in killing the bill in
1919 when it was introduced by SEN
ator. j. Henry Walters, Senate majo
ity leader.
Under the provisions of the Walker
measure nothing stronger than 2.75
per cent beer can be sold in this state
1t defines beverages having alcoholic
contents up to this percentage as nom
intoxicating. Beer Of 2.75 per cent
strength may be sold in restaurants
having floor space of at least 600 feet
and with accommodations for at least
forty guests. The license fee in New
York City is fixed at $500 and in other
first and second class cities at $3.50 a
year. Beer may be sold for home con-
sumption by any person who obtains
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