The New York herald., 1922-08-31

Washington, ID. G., Aug. 20.
Wet candidates for Congress as well
as members holding wet sentiments
differ greatly in their views as to how
far it would be possible under the
Constitution to modify the Volstead
law to permit the sale of beer and
wine even if votes favoring change
can be obtained in Congress.
This is due to the verbiage of the
Eighteenth Amendment. which is be-
Ing subjected to all sorts of interpre-
tations in the campaign.
Information reaching Washington is
that the beer and wine candidates in
the 100 Congressional districts where
prohibition is an issue are running
the fiIli gamut of promises. Some
OF them are pledging themselves to
make the country as wet as the At
lantic Ocean," while others are more
conservative not going much further
than to say that it will be more moist
than at present.
That there is no general agreement
among the candidates on what they
propose to do if they get enough wet
votes in Congress is evidence, Washing
ton politicians declare, of the utter lack
Of organization by the vets The one
tangible thing some of them have Is the
assertion of the Association Against the
Prohibition Amendment. one of the fore
most wet organization. that IL would
be possible to get beer of from four to
five per cent. alcoholic content and wine
OF from seven to ten per cent.
Center of Fight.
The situation. which hinges on the
language of the Eighteenth Amendment,
is highly interesting. Here is the text
OF the amendment:
Section /. After one year from
the ratification of this article, the
manufacture. sale or transportation
of Intoxicating liquors within. the
importation thereof into, or the ex-
portation thereof from the United
States and all territory subject to the
Jurisdiction thereof for beverage
purposes is hereby prohibited
Section 2. The Congress and the
several States shall have concurrent
power TO enforce this article by ap-
propriate legisla ton.
Section 3. This article shall be
imperative unless II shall have been
ratified an amendment TO the Con-
date Of the submission hereof to the
States by the Congress.
The volstead law. intended to provide
for the enforcement OF the amendment
fixes the alcoholic content of beverage
liquors prohibited at one half OF one
per cent. and this, when passed along
TO the Supreme Court of the United
States, was sustained. The court held
that Congress had the right TO define In
legislation what was intoxicating liquor,
and that II was obvious that a beverage
which contained only one half OF one
per cent. alcohol was not, In fact, in
toxicating.
In their campaign the vets assume
that Congress has the right to modify
the definition of intoxicating liquor so
that 1t will be possible to sell beer and
wines. They recognize that the Supreme
Court VIII be asked almost at once to
pass on the question whether such bev.
crage, the limit of which might be five
per cent. for beer and ten per cent for
wine would be intoxicating.
Hold Basic Change Needed.
1t develops. however. that many MEM
bers of the Senate and House who
would willingly vote for beer and wine
as a general principle take the position
that II would be impossible to alter the
standard to such an extent as to allow
the sale Of beer and wine with alco-
holic content sufficient to satisfy the
public thirst.
They say-and the group Is not small
that the question resolves itself into
what is and what Is not intoxicating
The only way to obtain beer and wine
they add. is to alter the Eighteenth
Amendment. admittedly process long
and tedious and at this time obviously
almost impossible.
In order to ampnd tha afnandpapt ba
same process would have to be followed
that accomplished It's adoption--passage
by Congress and then submission to the
State themselves, three-fourths of
which would have to ratify the change.
Those who know the sentiment all over
the country insist that such approval
cannot be obtained now.
In view of this II Is regarded certain
that any beer and wine legislation which
may come as the result of the present
campaign or the next will have to rest
on the Eighteenth Amendment as II now
stands Considerable discussion lis being
fndulged In, therefore, among liberal
members Of the Senate and House as to
how far the vets can go without run
ming counter to the Constitution and
having any law they should write set
aside BY the Supreme Court.
One of the eminent members OF the
Senate. regarded an authority on
constitutional questions and at the same
time wet. explained to-day that II would
be next to impossible to obtain salts
factory modification of the volstead law
without altering the Eighteenth Amend
ment.
Haynes Says He's Neutral.
The question arises. nc said, over the
variable Interpretation OF what may be
Intoxicating liquor" beverage so
limited In alcoholic content as to be nom
intoxicating TO one person. he declared. |
might at the same time be intoxicating
to another. The whole question Is one
OF infinite possibilities.
The real basis of the wet campaign, |
however. Is that the Supreme Court will |
be reasonable in passing on the ques-