Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1920-10-13
FAVOR MULBERGER BILL
THIS WET BILL NOW BECOMES
A DRY MEASURE
Sapreme Court Decision Pulls It's
Fangs and Makes II Boomerang
to Liquor Crowd

rags and Makes IL Boom efang
to Liquor Crowd
The state law, providing for the en-
forcement of the Prohibition amend
ment, known as the Mulberger act, is
to come before the people for refer
endum vote this fall at the November
election, according to provision con-
tanned in the bill. It was originally
intended by the drys that all of their
force should be thrown to encompass
the defeat of the measure, but the re-
cent decision by the federal Supreme
Court has given them cause to change
front, and they will urge that the law
be sustained.
The Mulberger act, named from its
author, Senator Mnlberger, wet lead
er of the upper house, was designed
to provide for the sale of beer of low
alcoholic percentage. 1t was really
drawn by Billy" Austin, attorney and
lobbyist and the brains of the brewery
trust. 1t was cunningly drawn in the
hopes that it would accomplish its
purpose, regardless of any law passed
by Congress. 1t was passed late in
the last session, after one of the most
bitter fights in the history of Wiscon-
sin legislation.
The bill as passed defined intoxicat-
ing liquor as all liquor, capable of
being used as a beverage containing
more than two and one-half per cent
UNI of alcohol by weight" Before
enough support could be secured for
its adoption, another provision was
added to make it conform to any law
passed by congress. This provision,
which eventually proved the undoing
Of the brewers, brought to the bill the
support of Senator Bennett and some
of the otner drys who were willing to
end the fight by passing the bill
This saving clause reads, but if
the congress of the United States shall
hereafter by valid act, which shall
become the law of the land and be
paramount to any state laws on the
subject, define the words Intoxicating
liquors, then such definition > .
shall be the definition thereof under
this subsection"
Some of the ablest of the dry at
torneys held that, under the concur
rent jurisdiction" clause of the Eight
eenth amendment, the Supreme Court
would not hold a congressional act to
be paramount to any state laws"
But that is precisely what the Su-
preme Court did The Volstead act
was passed, defining intoxicating IL
quors as beverages containing zone
half of one per cent of alcohol or
MORE" and the Supreme Court in up
holding this law held that it was par
amount to any state law. Thus the
Mulberger law now provides for the
sale of beverages containing less than
one-half of one per cent of alcohol only.
Inasmuch as the Mulberger law was
intended for the sale of 212 per cent
beer, it contains lot of cumbersome
and unnecessary provisions which
should be eliminated. Its value lies
in the fact that it provides for a pro-
hibition commissioner to supervise the
enforcement of the law for the state.
1t is evident that this commissioner is
needed, and the department needs more
power and more money as it is be-
ing amply demonstrated that t h e
federal government is unequal I o
the task of enforcement in Wisconsin.
If this bill should be defeated at the
polls, it would be practically impos-
sible to induce the legislature to en-
act new bill providing for prohi-
bition commissioner. If the bill is sus-
tanned, the Objectionable parts can be
eliminated and the bill strengthened
by amendments. In addition to the
commissioner feature the bill contains
some very good provisions which sup
| plement the Volstead law and are es-
pecially applicable to conditions in
Wisconsin.
Hence the drys find themselves i'm
PEELED to support the wet measure
passed by the last legislature, as it is
now really a dry measure. What the
vets will do with their own bill is q
problem.
At the request of the drys the Re-
publican convention platform just
adopted urges ratification Of the law.
Thus the officers of the Anti-Saloon
League who attacked Senator Bennett
for supporting the bill before many
audiences in this county have changed
front completely and now approve his
course in supporting it.
Meanwhile the Wisconsin Retail Ii
quor Dealers Association urge that the
law be defeated at the polls. We urge
that the electors vote Eyes" on the
Mulberger bill in November.