The New York herald., 1921-08-17
VOLSTEAD AID GIVES
Home BREW VICTORY
Amendment to Anti-Beer Bill
to Permit Personal Distilling
Is Passed by House.
VOTE STANDS 96 TO "a
Action of Dry Leader Blocks
Effort to Legalize Blanket
Search and Seizure.
Special Despatch to THE New YoRK HERALD
New York Herald Bureau.
Washington, ID. c.. Aug. 16.

New York Herald Bureau I
Washington, ID. c.. Aug. 16.
Home brewing and distilling, pro-
vided the liquor thus made is not sold,
would be immune from the prohibition
enforcement agencies. under an
amendment 10 the anti-beer bill
adopted to-day by the House. The
vote was 90 to 54
The victory for the cellar distil-
leries and the kitchen breweries
marked the first time since the enact
ment OF the Volstead law that the
prohibitionists have been able to
achieve any semblance of success in
their attempts to modify the drastic
dry laws.
Wet leaders were plainly puzzled at
the House action. because OF its nor
mai overwhelming dry majority, but
both vets and drys admitted that the
effect OF the amendment is to allow
home brewing and distilling without
fear of molestation from prohibition
agents. The strangest part Of the
proceedings is that Representative
vostead, veteran dry legislator, spon-
sored the amendment.
The action was taken in an unusual
way. The House substitute for the
Stanley amendment which the Senate
approved and which would prohibit any
sort OF searches or seizures by prohibi-
tlon agents without legal warrants, was
up for consideration. The House pro-
posal as written BY Mr. volstead. pro-
hibits dry agents from searching private
homes without a warrant. Then II en-
phatically declares that no warrant shall
be issued unless there Is reason to be-
lieve the private dwelling is being used
as a place in which liquor lis manu-
factured for sale or sold"
Under the wording of the amendment,
home brewing and distilling. so long as
II is done to quench the thirst OF the
head OF the house or his friends. clearly
would not be a cause for warrant.
The action creates an unusual sit
uation. The making OF liquor in the
home Is Illegal under the volstead law,
which prohibits the making OF any
Iiquor anywhere for beverage purposes.
But the home brewer cannot be punished
for his violation because the dry agent
cannot obtain a search warrant TO pro-
duce the evidence. AS adopted the
amendment reads:
THAT no officer. agent or employee
OF the United States. while engaged In
the enforcement OF this act. the ma
tionaI prohibition act. or any law in
reference to the manufacture or tax
alton OF. or traffic In, intoxicating
liouor. shall search any private dwell
ing without a warrant directing such
search, and no such warrant shall issue
unless there Is reason to believe such
dwelling is used as n place In which
LIQUOR is manufactured for sale or sold.
The term private dwelling shall be
construed to include the room or rooms
occupied not transiently, but solely as
residence In an apartment house. hotel
or boarding house. Any violation OF
any provision OF this paragraph shall
be punished by fine or not to exceed
$1,000, or imprisonment not TO exceed
one year or both such fine and irnpris-
onment In the discretion OF the court"
A vote was taken In confusion Fifty
four OF the drys stood up in favor Of
the amend ment. but all eyes were turned
toward Mr.. Volstead. He remained
seated. The majority OF the drys kept
their seats. When the noes" were
called for, all the vets were ~ and
the majority OF the drys. apparently
thinking that Mr. volstcads proposal
should be accented verbatim, by Joining
with them defeated the Fields amend
ment Mr.. Volstead did not vote either
way. and the mystery was deepened by
his refusal TO comment on the situation.
There are many members OF the
House who on prohibition questions vote
Just as Mr.. Volstcad docs. and his
failure TO support the Fields amend
nent apparently caused its defeat.
There is not dry man here who
wants 70 say by legislation that home
brewing is legal" said Mr.. Fields. Yet
chat Is exactly what the House sub
stltute does. There are thousands and
thousands Of people making beer and
distilling LIQUOR In their homes In plain
violation OF tho law. You make it inn
possible 10 stop this and give them pro-
lection.
cot. NEWMAN HURT IN EGYPT.
cArRo. Egypt, Aug ie-Col. g. r.
Newman, Chief Of Stan of the British