The American issue. [volume] (Westerville, Ohio) 1912-19??, 1920-06-18
Have not the people the right to elect

7
ocratic State Convention said OF Pro-
hibition: IF the people do not get
back of it as the days go by the peo-
pie will find way to lessen what
some deem its rigors.'
James Cox, Governor of Ohio and
Democratic candidate said: "If
there is reaction / think it will go
no further than an amendment to
the Volstead Act to permit beer and
Wines
Senator James D. Phelan of Cali
fornia said Beer and wine will
again be enjoyed by the people of
this country"
Congressman Nolstead discussing
attacks on the Prohibition law OH
March % said: at is all appeal to
have Congress nullify the Constitu-
ton" aIJc4..
Governor Edwards Of New Jersey
said: The present Congress has set
the limit at one-half per cent the next
may make it ten per cent"
The significant thing in connection
with expressions of opinions, direct
or indirect, that Congress has the
power to amend the National Prohi-
bition Enforcement Act so as to per-
NIT beer and wine, is that following
these public declarations there has
been no denial that Congress pos
scsses such power.
Beer Planks Adopted
The question OF whether beer
and wine plank should be placed into
the Democratic national platform has
been considered in great many
state conventions.
In Michigan and Virginia wet
planks reached vote. In Illinois a
wet plank was considered by the
platform committee which recon-
mended that no resolution in favor
of such a plank in the national plat
! form be passed. This decision was
based on political expediency.
In Nebraska wet plank was con-
sidered. In Maryland a wet plank
was adopted. The Connecticut Dem
ocratic convention adopted a plank
reading as follows: 1--WE favor re-
vision of the Volstead Act so as to
permit the sale of beer and wine"
| The New York Democratic conven-
ton went on record in favor of beer
and wine.
The placing OF wet plank in
state platforms and the consideration
of the question OF whether such a
plank should be placed in the ma
tional platform involves acceptance
of the belief that Congress has the
right to amend the Vo!stead Act so
as to permit beer and wine. In con-
nection with these various state con-
ventions no public statement has APP
peared questioning the right of Con-
gress to amend the Volstead Act.
Lack OF such power would make beer
and wine planks entirely meaningless.
National Wet Plank Considered
The question of beer and wine
plank in the national party platforms
has been the subject of discussion in
public and in the press for many
weeks. A political writer in the Chi
cago Journal estimates that 473 of
the delegates to the Democratic con-
vention would vote for a beer and
wine plank. A writer in the Herald
and Examiner says that it is openly
stated in Republican political circles
that 10 of the So members of the
platform committee favor beer and
wine plank. As stated with refer
ence to state party platforms the pro-
posing of a national party beer and
wine plank involves the power of
Congress to amend the Volstead Act
changing the present legal limit of
alcohol in beverages. No statements
have been made in connection with
national beer and wine plank to
the effect that Congress could not
make such plank effective.
Beer Laws Passed
New York, New Jersey, Rhode Is
land and Wisconsin passed state beer
laws setting from 2,75 per cent to 4
per cent as the legal limit under the
state law. In decision on the New
Jersey beer law the United States
District Court declared that the CIV
ing of permission by the state to sell
beverages with an alcoholic percen-
tage higher than the limit set by
Congress is unlawful. The court up
held the power of Congress to define
intoxicating liquor and based its de-
cision against the New Jersey law on
the ground that Congress had set a
lower limit and not on the ground
that the New Jersey law conhicted
with the Eighteenth Amendment.
In connection with various state beer
laws, so far as appears in the public