The American issue. [volume] (Westerville, Ohio) 1912-19??, 1921-07-01
BADGER GOVERNOR VETOES
DRY enforcement BILL
Governor Introduces His Own
Bill; Solons Promptly Cut
Out Home Brew
BLAINE'S BILL UPHELD
Blaine, in Vetoing Former Bill,
Evidently Striking Back at
Wise. A. S. l..
BLAINE'S BILL UPHELD

After yetoing the dry law enforce
ment measure which was backed by
the AntiSaloon League and which
was designed to adequately enforce
the Nolstead Code in the state. Gov
ernor Blaine of Wisconsin introduced
law enforcement measure Of his
own. The Governors bill contained
A home brew section which is de-
scribed as neither permitting nor
prohibiting the manufacture or pos
session home brew or homemade
wines for the family use in the home"
On Friday. Juno TO- the Senate
passed the Olson amendment to the
Governors bill which eliminates the
home brew section. 1t is apparent
that the Wisconsin Legislature is not
inclined to show the brewers any spe-
cial consideration. This is further in
dicated by action taken on May 20
when the Assembly voted against
memorial to Congress in favor OF
beer and light wine by vote OF so
to 40.
The consttiutionality or the Gov
crnor's bill is upheld in an opinion OF
State Attorney-Gcncral William Nor
gan. According to the opinion the
Legislature has no constitutional
power to give Congress authority to
decide what shall be the law of Wis
consin except in so far as enforced
by federal officers under federal law.
This is in accord with the Governors
idea as he is quoted in the Chicago
Daily Tribune of June II as saving
by way OF comment on his home brew
proposal:
The state authorities will not in
wade the private residence OF the cti-
zen nor arrest him nor spy on him
for the purpose Of prosecution If he
possesses home brew or homemade
wine for his own use in his home and
not for the purpose of sale.
"Thc federal authorities may do
this il they choose but the state will
not appropriate money to spend Tor
this invasion OF the home by its public
officials"
Rules Wisconsin Out of the Union
Under the attorney generals opinion
two and half per cent beer author
lied by the Mulberger act can lawfully
be sold in the state so far as state en-
forcement is concerned. This he ex-
plains, does not prevent, however.
federal officers from enforcing the
Nolstead act which defines Intoxicating
liquors as those containing one-half
OF per cent OF alcohol. Thus in the
opinion OF the attorney general OF the
state of Wisconsin. the maker and
seller of two and hall per cent beer
is a criminal under the federal law
but under the state law he is no of
fender An intolerable situation is
ahus set up. All legal precedent is
against such doctrine. The state can
not legalize what the federal govern
ment prohibits. II the opinion means
that state officers are under no obliga-
ton to enforce the federal act this in
itself presents strong argument for
the passage OF an enforcement meas
urc by the Wisconsin Legislature in
harmony with the Nolstcad Act
Wisconsin is part of the Union and
as such should heartily cooperate with
the federal government in upholding
the federal Constitution.
Governor Blaine i'll vetoing the law
enforcement measure intimated that
one reason hr his action was that il
was backed by the Anti-Saloon
League. A bulletin issued by State
Superintendent Hutton of the Wis
consin Anti-Saloon League presents
the following facts concerning the
Governor and his attitude toward tenn
perance legislation. The bulletin
says: